Got hit with a bogus DMCA takedown - how to fight back?

I run a YouTube channel reviewing tech products. Last week I got a DMCA takedown notice from a company claiming I used their copyrighted footage in my review of their product.

The problem: I didn't use ANY of their footage. All the video in my review was shot by me, with the product I personally purchased. The company is clearly just trying to silence negative reviews.

YouTube took down my video immediately. I've lost a week of ad revenue and my channel took a strike. What are my options here? Can I sue them for this?

There's actually a good case on this: Lenz v. Universal Music Corp (the "dancing baby" case). Mother posted a 29-second video of her toddler dancing to a Prince song. Universal filed DMCA takedown. Court held that copyright holders must consider fair use BEFORE filing DMCA notices, and failing to do so could be a 512(f) violation.

In your case, even if they owned copyright in some footage (which they're claiming), they should have verified that YOU actually used that footage before filing. Filing a takedown without even checking is likely a misrepresentation.

Question for the attorneys: what if the company claims they made an "honest mistake" and thought it was their footage? Does that get them off the hook for 512(f)?

Good advice above on registration. I'll add: if the takedown was knowingly false, 17 U.S.C. § 512(f) provides a cause of action for damages. The problem is proving "knowingly" — the Ninth Circuit's Lenz v. Universal decision requires the filer to consider fair use before sending a takedown, but enforcement is still weak.

Practical steps: (1) File your counter-notification promptly, (2) screenshot everything with timestamps, (3) if this is a competitor filing bogus claims, consider sending them a cease and desist regarding 512(f) liability. Sometimes the threat alone stops serial abusers.