Bethesda C/Ds

Okay, I'll go first. I know this has been happening to a lot of people lately regarding Bethesda, but I figured if I was going to get in trouble for this it would have been a long time ago, considering my caps have been in EGM and Playstation Magazine.
I got a cease and desist from Etsy yesterday, from Zenimax, regarding my Fallout Sunset Sarsaparilla bottle cap items. However, they didn't remove my Nuka Cola items. I took them down as well though, because I'm afraid they might come back in the future and remove them, and then I would get a third strike on my shop (my first was for a pair of Angry Birds earrings.) I emailed the guy from Zenimax to see if I can continue to sell my Nuka items, but have heard nothing back. They are too busy sending out infrigement notices to answer an email from the little guy, apparently. It sucks because these have been my best selling items since I started my shop three years ago. My business partner, who has them printed, consulted a lawyer before making them to see if he was infringing on a copyright. The lawyer said it was a gray area, but since Bethesda hadn't actually copyrighted a physical soda cap, he thought we'd be okay. But I guess since they have more money and lawyers, they'll win automatically.
I've decided to keep the Nuka caps up in my other post-apocalyptic shop, because if I get another strike in that one, I'll still be okay. I also opened a new shop on storenvy. A lot of people have been migrating to these new free handmade outlets for fears their Etsy shops will be shut down. That way they'll have something to fall back on if that does happen. My shop is at: outpost8.storenvy.com. It doesn't have much in it yet, however.