How to Respond When Competitors Abuse DMCA Takedown Notices on Amazon

In the context of the Digital Millennium Copyright Act (DMCA), takedown notices are only applicable to copyright infringement—not trademark infringement. Therefore, if a party sends a DMCA takedown notice based on a trademark claim, such notice is legally inapplicable and invalid. If you are the subject of such a notice, here are the appropriate steps to take:

1. Verify the Legitimacy of the Notice

(1) Review the Notice’s Content

• Check whether the notice clearly identifies a specific copyrighted work and explains how your content allegedly infringes it.

• If the notice only cites trademark infringement and does not reference any copyrighted material, then it falls outside the scope of the DMCA and is legally flawed.

(2) Confirm You Are Not Infringing Copyright

• If no copyright is involved, or if you haven't infringed any, the other party cannot use DMCA procedures to seek removal.

2. Take Platform-Specific Action

(1) File a DMCA Counter-Notice

• If your content was removed due to a false DMCA notice, you can submit a counter-notice under DMCA §512(g), asserting that your content does not infringe copyright and requesting reinstatement.

(2) Appeal Through the Platform’s Trademark Dispute Process

• Most platforms (e.g., Amazon, YouTube, Etsy) have separate processes for trademark disputes.

• You can notify Amazon that the takedown request misuses the DMCA by citing trademark claims, which fall under a different dispute mechanism.

(3) Communicate with the Complaining Party

• If the claim is trademark-related and you believe there is no infringement, try to open a dialogue to clarify the facts and resolve the matter amicably.

3. Seek Relief Through Federal Court

(1) Sue for Misrepresentation Under DMCA §512(f)

You may bring a misrepresentation claim in federal court if:

• The claimant knew your content did not infringe copyright, yet still filed a DMCA takedown.

• They used the DMCA as a tool to harm competition rather than to protect genuine copyright interests.

You may seek:

• Damages for economic loss due to wrongful takedown.

• An injunction to prevent the other party from continuing to submit false DMCA notices.

(2) Claims for Unfair Competition / Business Defamation / Tortious Interference

If the competitor knowingly makes false trademark claims, you may have additional grounds under:

• The Lanham Act (federal trademark law), by alleging unfair competition.

• State laws governing business defamation or interference with contractual/business relationships.

These actions can lead to:

• Monetary damages

• Injunctions stopping the competitor from filing further takedown notices on Amazon or other platforms.

(3) Declaratory Judgment (DJ) Action

You may also file a declaratory judgment lawsuit in federal court, asking the court to:

• Declare that you do not infringe the complainant’s rights.

• Issue an injunction prohibiting them from submitting further takedown notices.

Summary

• DMCA applies only to copyright, not trademark. A DMCA takedown based solely on trademark claims lacks legal standing.

• You can submit a counter-notice and report the misuse of DMCA mechanisms to Amazon.

• If the takedown was filed in bad faith, consider filing a §512(f) misrepresentation claim in federal court for damages and injunctive relief.

• If the abuse involves malicious trademark claims, pursue legal action under the Lanham Act and relevant state laws for unfair competition, business defamation, or tortious interference.

• A declaratory judgment action can also help assert your non-infringement status and preempt further abuse.

(Disclaimer: The above is for informational purposes only and should not be construed as legal advice on any subject. All rights reserved. Reproduction requires permission from Allbelief Law Firm.)