my best-selling product on amazon got hit with a DMCA takedown yesterday. i wrote the listing copy and took the photos myself. complainant is a competitor selling a similar product who clearly is just trying to knock me off the search results. the listing is now suspended and i'm losing $400-600/day in sales.
file a counter-notice. amazon must restore the listing within 10-14 business days unless the complainant files an actual lawsuit. most don't because they know the takedown was BS.
also keep evidence of the lost sales — DMCA section 512(f) gives you a damages claim against false takedown filers.
document everything. counter-notice gets you back online. then send a 512(f) demand letter for the lost revenue. seen sellers recover $5-15k for short outages.
I'm Sergei Tokmakov, California attorney (Bar #279869). Counter-notice is the right first move. Amazon's DMCA process largely tracks 17 USC 512(g) — once you file the counter-notice, Amazon must restore unless the complainant initiates litigation in 10-14 business days.
For damages: Section 512(f) creates a private right of action for "knowingly material misrepresentations" in DMCA filings. The Lenz v. Universal Music line of cases supports recovery for this. Document daily lost sales, conversion rates, ranking drops. After the counter-notice resolves the immediate issue, a demand letter for 512(f) damages on attorney letterhead at $575 flat is often very effective — bad-faith DMCA filers settle quickly to avoid the federal court exposure. Informational only.
Cross-link: the basic counter-notice template is at /Demand-Letters/forum/thread/employer-not-paying-overtime-california.html — you'll want to adapt it for DMCA but the structural elements (sender, recipient, statutory basis, demand) are similar.