How to file a DMCA counter notice

If you believe Esano removed your material by mistake or misidentification, send a written counter notice to Esano's designated copyright agent. The notice has to include five items, listed below.

When a counter notice is the right step

Use a counter notice when your material was removed or disabled after a copyright claim and you believe the claim was wrong. For example, you made the design yourself, or you have a license that covers it.

Don't use it if you copied the work or don't have the rights to sell it. A counter notice includes a statement under penalty of perjury, and Esano's policy warns that knowingly misrepresenting a removal as a mistake can make you liable for damages, including costs and attorneys' fees (Section 512(f) of the DMCA).

Check your listing first. A removed listing shows Removed by Esano under Listings in your dashboard, with the reason. See What happens when a listing is reported and What listing statuses mean.

What your counter notice must include

Under Esano's DMCA policy, your counter notice must include substantially the following:

1. Your signature. A physical or electronic signature.
2. The removed material. Identify the material that was removed or disabled, and the place where it appeared before removal. For a listing, give its title, its link and your shop name.
3. Your contact information. Your name, postal address and telephone number, and your email address if you have one.
4. A good faith statement. Say, under penalty of perjury, that you have a good faith belief the material was removed or disabled because of a mistake or misidentification.
5. A consent statement. Say that you consent to the jurisdiction of the Federal District Court for the judicial district where your address is located (or, if you live outside the United States, any judicial district where Esano may be found), and that you will accept service of process from the person, or their agent, who sent the original complaint.

Where to send it

Send your counter notice in writing to Esano's designated copyright agent:

• Name: Collin R. Walke
• Firm: HALL ESTILL
• Address: 100 N. Broadway, Suite 2900, Oklahoma City, Oklahoma 73102
• Phone: (405) 553-2322
• Email: cwalke@hallestill.com

What happens after you send it

The DMCA allows Esano to restore the removed content if the party who filed the original notice doesn't file a court action against you within ten business days of receiving a copy of your counter notice.

Two things to know:

• The policy says Esano may restore the content. It doesn't promise a result or a date.
• The policy doesn't say what Esano does if the original claimant does file a court action.

A listing that Esano removed can't be published again from your dashboard. If it is restored, that happens on Esano's side.

If you don't agree with a removal but can't meet the requirements

If you can't make the statements above in good faith, don't send a counter notice. You can still write to customerservice@esano.com or use the contact page with questions. See Appeal a suspension or removal for what Esano's terms say about asking for a second look. Repeated infringement can lead to account termination. See What happens to repeat infringers.