DMCA Counter Notice Abuse on Amazon: How to Fight Back | AMZ Sellers Attorney®

DMCA Counter Notice Abuse on Amazon: How to Fight Back

Updated: June 12, 2025

Amazon sellers are increasingly targeted by competitors misusing the DMCA counter notice process to reinstate infringing listings. These bad-faith filings are not only unethical—they are unlawful under 17 U.S.C. § 512(f). At AMZ Sellers Attorney®, we break down what fraudulent counter notices look like, how to fight back, and what legal options are available to protect your brand.

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What Is DMCA Counter Notice Abuse?

Amazon’s DMCA takedown system is intended to protect original copyright holders. However, some sellers are filing counter notices containing false claims of ownership or misidentification—often just to buy time, hurt a competitor, or evade enforcement. This violates U.S. copyright law and can expose the offender to serious liability.

Identifying a Fraudulent DMCA Counter Notice

• The respondent misrepresents that removal was due to a mistake or misidentification
• They have no legitimate copyright or license to use the content
• They provide forged or fabricated documents
• There is a pattern of repeat filings to delay enforcement

Watch: What Happens When Sellers File False DMCA Counter Notices

Uploaded: March 27, 2024

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Legal Remedies for DMCA Abuse

If you are the victim of a fraudulent counter notice, you may pursue these remedies:

• File a §512(f) Claim: Take legal action in U.S. federal court for material misrepresentation. You may recover damages, attorney’s fees, and force Amazon to remove the infringing listing again.
• Use the Copyright Claims Board (CCB): The CCB offers a faster, less expensive alternative to court for copyright disputes. If the counter party doesn't opt out, it’s a powerful tool to prevent reinstatement of infringing content.
• Preserve All Evidence: Save communications, fake claims, and screenshots to document the abuse for legal use or escalation.

How AMZ Sellers Attorney® Helps

We have successfully represented hundreds of Amazon sellers in DMCA enforcement actions. Our services include:

• Evaluating counter notice legitimacy and preparing response documentation
• Filing §512(f) complaints or CCB claims to reverse improper reinstatements
• Drafting legal demands, cease and desist letters, and copyright notices
• Advising on how to build a strong copyright enforcement policy for your brand

□ Learn more at Our DMCA Enforcement Page

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