Etsy DMCA Counter-Notice: Template + Filing Guide

You've received a takedown notice on Etsy, and you're certain it's wrong. Maybe someone filed a false claim against your original work, or perhaps they don't actually own the rights they're claiming. Whatever the reason, you have the legal right to fight back.

This guide will walk you through exactly how to file a counter-notice with Etsy, what to include, and provide templates you can adapt to your situation.

What Is a Counter-Notice?

A counter-notice is your formal legal response to a DMCA takedown. It's essentially you saying: "The person who filed this complaint is wrong, and I have the legal right to use this content."

Under Section 512(g) of the Digital Millennium Copyright Act, platforms like Etsy must have a process for people to dispute takedowns. When you file a valid counter-notice, Etsy is legally required to restore your content unless the complainant files an actual lawsuit against you.

This isn't just a complaint form or an appeal - it's a legal document filed under penalty of perjury. That's why it's important to get it right.

Before You File: Ask Yourself These Questions

Filing a counter-notice is serious. Before you start, honestly answer these questions:

1. Do you actually have the right to use this content?

Did you create the design, photo, or text yourself?
Do you have a license or permission from the creator?
Is the content in the public domain?
Are you using a trademark in a way that's legally permitted (like nominative fair use)?

2. Can you prove it?

Having rights isn't enough - you need evidence. This might include:

Original design files with creation dates
License agreements or permission emails
Screenshots showing your work predates theirs
Trademark search results showing no valid registration

3. Are you prepared for potential legal action?

When you file a counter-notice, you're consenting to be sued in federal court. The complainant has 10-14 business days to file a lawsuit. If they do, you'll need to defend yourself (likely with a lawyer). If they don't, Etsy restores your listing.

Most complainants don't sue over counter-notices, especially if your claim is legitimate. But you need to be prepared for the possibility.

What Etsy Requires in a Counter-Notice

According to Etsy's Counter-Notice Policy, your counter-notice must include all of the following:

Your physical or electronic signature
Identification of the material that was removed - Which listing(s), what was in them, and where they were located on Etsy
A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification
Your full legal name, address, and telephone number
A statement consenting to jurisdiction - You must agree to accept the jurisdiction of the Federal District Court for your area, or if you're outside the US, any judicial district where Etsy may be found
A statement that you'll accept service of process from the person who filed the original complaint

Missing any of these elements can result in your counter-notice being rejected.

How to Submit Your Counter-Notice

You have two options for submitting to Etsy:

Option 1: Etsy's Online Form Go to Etsy's counter-notice submission page and fill out their form. This is the easiest method and ensures you don't miss required fields.

Option 2: Email Send your counter-notice directly to legal@etsy.com. Use this if you need to include additional documentation or if the form isn't working for your situation.

Counter-Notice Template for Copyright Claims

Here's a template for disputing a copyright takedown. Adapt it to your specific situation:

Subject: DMCA Counter-Notice for Etsy Listing [Listing ID or Title]

To Whom It May Concern:

I am writing to submit a counter-notice pursuant to Section 512(g) of the Digital Millennium Copyright Act regarding the removal of my Etsy listing.

Identification of Removed Material:

Listing Title: [Your listing title]
Listing ID/URL: [URL or ID number]
Shop Name: [Your shop name]
Date of Removal: [Date you received the takedown notice]

Statement of Good Faith Belief: I have a good faith belief that the material identified above was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

Reason for Counter-Notice: [Explain specifically why the takedown was wrong. For example:]

I am the original creator of this design. I created it on [date] using [software]. I have attached my original design files showing metadata with creation dates.
The complainant does not own the rights they claim. [Explain why.]
My use constitutes fair use because [explain your fair use argument].
The work is in the public domain because [explain why - e.g., copyright expired, creator died over 70 years ago].

My Contact Information: Full Legal Name: [Your full name] Address: [Your complete mailing address] Telephone: [Your phone number] Email: [Your email address]

Consent to Jurisdiction: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located [or, if outside the US: I consent to the jurisdiction of any judicial district in which Etsy may be found].

Acceptance of Service: I will accept service of process from the person who provided the original infringement notification or an agent of such person.

Declaration: I declare under penalty of perjury that the information in this counter-notice is accurate and that I am the owner of the content that was removed, or that I am authorized to act on behalf of the owner.

Signature: [Your signature - typed name is acceptable for electronic submission] Date: [Current date]

Attachments: [List any evidence you're including]

Counter-Notice Template for Trademark Claims

Trademark counter-notices work slightly differently. Here's a template:

Subject: Counter-Notice for Trademark Complaint - Etsy Listing [Listing ID or Title]

To Whom It May Concern:

I am submitting this counter-notice in response to the trademark complaint filed against my Etsy listing.

Identification of Removed Material:

Listing Title: [Your listing title]
Listing ID/URL: [URL or ID number]
Shop Name: [Your shop name]
Trademark Allegedly Infringed: [The trademark they claimed]

Reason for Dispute: [Choose and adapt the relevant argument:]

If the mark isn't registered or valid: I have searched the USPTO Trademark Database and EUIPO eSearch and found no valid, live registration for the claimed trademark in the relevant product category. [Attach screenshots of your search results.]

If you're making fair use: My use of this term constitutes nominative fair use. I am using the trademark solely to indicate compatibility with [brand]'s products, not to suggest endorsement or affiliation. My listing clearly indicates this is my own product.

If there's no likelihood of confusion: My product and branding are sufficiently different from the complainant's that no reasonable consumer would be confused about the source. [Explain the differences.]

If you have prior rights: I have been using this mark in commerce since [date], which predates the complainant's registration/use. [Provide evidence.]

My Contact Information: Full Legal Name: [Your full name] Address: [Your complete mailing address] Telephone: [Your phone number] Email: [Your email address]

Consent to Jurisdiction: I consent to the jurisdiction of the Federal District Court for the judicial district in which my address is located.

Acceptance of Service: I will accept service of process from the person who provided the original complaint or an agent of such person.

I declare under penalty of perjury that the information in this counter-notice is accurate.

Signature: [Your signature] Date: [Current date]

What Happens After You File

Here's the timeline you can expect:

Days 1-3: Etsy reviews your counter-notice to make sure it's complete. If anything is missing, they may ask for additional information.

Days 3-5: Etsy forwards your counter-notice to the person who filed the original complaint.

Days 5-19: The complainant has 10-14 business days to file a lawsuit against you. During this time, your listing stays down.

Day 19+: If Etsy doesn't receive notice that a lawsuit has been filed, they will restore your listing. This typically happens within 14 business days of forwarding your counter-notice.

Total time: Expect 2-4 weeks from filing to restoration, assuming no lawsuit is filed.

What If They Sue?

Let's be realistic: most counter-notices don't result in lawsuits. Filing a federal lawsuit is expensive and time-consuming. If your counter-notice is legitimate, most complainants will back down.

But if they do file suit, you need to take it seriously:

You'll receive legal papers - Either served in person or by mail
You have a deadline to respond - Usually 21 days to file an answer in federal court
You'll likely need a lawyer - Intellectual property litigation is complex

If you're dealing with a legitimate brand owner and you're not confident in your position, it may be worth consulting an IP attorney before filing the counter-notice. Many offer free consultations.

Resources for finding IP attorneys:

American Intellectual Property Law Association (US)
Volunteer Lawyers for the Arts (US - for artists with limited income)
CITMA - Chartered Institute of Trade Mark Attorneys (UK)

Common Mistakes to Avoid

1. Filing without strong evidence "I made this" isn't enough. You need proof - original files, timestamps, license agreements, or other documentation.

2. Missing required elements Your counter-notice will be rejected if it's missing any of the six required components. Double-check before submitting.

3. Filing for the wrong reasons "Other sellers do this too" or "I didn't know it was copyrighted" are not valid defenses. Only file if you genuinely have the legal right to use the content.

4. Being emotional or hostile Keep your counter-notice professional and factual. This is a legal document, not a place to vent frustration.

5. Ignoring the timeline If you're going to file a counter-notice, do it promptly. While there's no strict deadline, delays mean your listing stays down longer.

When NOT to File a Counter-Notice

Sometimes the best response to a takedown is to accept it and move on. Don't file a counter-notice if:

The complaint is actually valid (you used their content without permission)
You can't prove your right to use the content
The potential legal costs outweigh the value of the listing
You're not willing to potentially go to court

One strike won't close your shop. Sometimes learning from the experience and creating genuinely original work is the smarter path forward.

Preventing Future Takedowns

The best counter-notice is one you never have to file. Protect yourself by:

Documenting your creative process - Save original files, sketches, and work-in-progress versions with timestamps
Searching trademarks before using terms - Use USPTO, EUIPO, and WIPO databases
Keeping license agreements - If you use licensed content, save proof of your license
Scanning listings before publishing - Catch potential issues before they become takedowns

Quick Reference Checklist

Before submitting your counter-notice, verify you have:

Your full legal name
Your complete mailing address
Your telephone number
Clear identification of the removed listing(s)
Statement under penalty of perjury
Consent to federal court jurisdiction
Agreement to accept service of process
Your signature and date
Supporting evidence (if applicable)

Resources

Etsy Resources:

Legal References:

Trademark Search Tools:

Want to avoid takedowns in the first place? Create a free account and use Listing Compliance Shield to scan your listings for potential trademark and policy violations before you publish.