When a False DMCA Claim Derails Your Work: My Story on Envato

I had been working tirelessly on my latest project, a WordPress theme I’d designed from scratch for tech startups and SaaS companies. After months of late nights and countless iterations, I finally had something I was proud of: Zenix – Tech Startup & SaaS Elementor WordPress Theme. I liked the name Zenix—it felt sleek, modern, and fitting for what I envisioned.

I’d listed the theme on ThemeForest under my brand, Keystone Themes, and after its launch, the sales began to roll in. It wasn’t anything massive, but it was steady. It felt good seeing my work gain traction, knowing people were finding value in something I created.

Then, on an ordinary Friday morning, I woke up, made my usual cup of coffee, and sat down at my desk to start the day. I noticed an email notification from Envato. It wasn’t unusual for them to reach out, but as I opened it, my heart sank. It was from someone named Jerry from their Author Help team, with a subject line that read: Important Message from Envato - DMCA Received.

The email stated that my item, Zenix, had been taken down due to a copyright claim. I was stunned. A DMCA takedown notice is a serious legal issue, and seeing my theme disabled on the platform without warning was a blow. As I scrolled through the message, I saw the details: someone named Rahul Dev Sharma, who owned a theme called Zenix Admin Dashboard, had filed the claim. He accused me of infringing on his intellectual property rights, stating that I’d used the same name for my product, which he believed could cause confusion among buyers.

I read the complaint over and over again, trying to make sense of it. I’d chosen the name independently; there was no intentional copying or even awareness of his product. Rahul claimed to own the exclusive rights to the name Zenix, but he provided no evidence of trademark ownership or proof that the name was protected in any way. To make matters worse, he was saying this was not just about the name—he implied I was deliberately copying or profiting from his work.

It felt unfair. I had put months of effort into designing every aspect of my theme, from the code to the images and assets. My theme and his product served completely different purposes—one was an Elementor-based WordPress theme for startups and SaaS companies, and the other was a Bootstrap-based admin dashboard. They didn’t even overlap in functionality or market.

To make matters worse, the email stated that if there were more DMCA complaints, my account could be permanently disabled. This was my livelihood at stake. I knew I had to respond.

I spent hours researching, reading through the DMCA processes and Envato’s guidelines. They offered two paths: I could remove or rename the alleged infringing content or file a counter-notification. Removing the theme didn’t sit well with me because it meant admitting to something I hadn’t done. Filing a counter-notification felt like the only way to clear my name.

I wrote out my response carefully. In the counter-notification, I explained that all components of Zenix—the name, code, design, images—had been created independently by me. I pointed out that there was no evidence of copyright infringement, no proof of exclusive rights to the name Zenix, and that Rahul’s previous request to change the name had no legal grounds. I included screenshots of his previous messages to bolster my case. His complaint, to me, seemed like a tactic to hinder my business unfairly.

When I submitted the counter-notification, I felt a little more at ease. But then, I received another email from Jerry. It turned out I hadn’t included my full address in the response, which meant the notice wasn’t in the correct format. I had to resubmit everything with the missing information.

It felt like a never-ending process, but I knew I couldn’t give up. I added my complete address and sent the updated counter-notice. In my mind, there was no doubt I was in the right. I wasn’t trying to copy or confuse anyone—I was just trying to make a living through my work.

After submitting my counter-notification with the correct format, I felt a sense of relief. Envato acknowledged it, and the next few days were a waiting game. I kept checking my email, hoping for good news. I kept myself busy with other projects to stay distracted, but the anxiety of whether my hard work would be reinstated loomed over me.

Finally, after what felt like an eternity, I received another email from Envato. They had reviewed my counter-notification and decided to reinstate my product. It was a moment of triumph, knowing that I’d successfully defended my work and stood up for what I believed was right. However, that feeling didn’t last as long as I’d hoped.

The email also mentioned that my product, Zenix, had been resubmitted for review to be re-listed on the marketplace. Typically, reviews don’t take more than a couple of days, but this time, four days passed, and there was still no update from Envato. My theme was stuck in a sort of limbo. No further emails, no communication, just silence. It was frustrating—Zenix wasn’t making any sales, and I couldn’t plan ahead without knowing its status. This was impacting my earnings and delaying new product launches, which felt like another setback.

Meanwhile, the author who filed the fake DMCA claim seemed completely unaffected. I checked his profile, and his products were all still listed, including his Zenix Admin Dashboard. It seemed like he’d faced no repercussions for filing what I believed to be a groundless claim against me. I couldn’t help but feel like the system wasn’t fair. Despite going through all the stress and formalities, there was still this lingering sense of unresolved frustration.

I wasn’t sure what to expect next. Envato’s lack of response, the prolonged review, and seeing the claimant carry on as usual made it all feel a bit disheartening. I just hoped that once the review process was complete, my theme would be up and running again, so I could focus on moving forward and creating new projects.

Sorry to hear about what you’re experiencing. However, if the item name is the same as another product, it could create confusion for buyers. Using the same item name, even if it isn’t trademarked, may lead to complications under the DMCA (Digital Millennium Copyright Act).

When did you send the counter-notice? Envato will forward a copy of the DMCA counter-notification to the individual who submitted the DMCA takedown notice (the claimant) and then wait for 10 business days. If the claimant does not notify Envato of any court proceedings filed against you within that 10-day period, Envato will reinstate the content within 14 business days from the date they received the counter-notification.

Thank you for your reply baevox, I can completely understand what you said however the thing is our product is completely different then them and this is what Envato said after my counter notification.

"
Oct 25, 2024, 15:15 GMT+11

Hi,

Thank you for the counter notification (“put back” notice) for your item. The information you provided is displayed below. We have sent a copy to the complainant.

While generally your item will be reinstated between 10 and 14 business days from when we received the counter notification, in this instance we are able to reinstate the item now to a soft-disabled state for you to resubmit.

If the complainant informs us that they have issued court proceedings against you about this dispute, your item will not be reinstated. "

and here is my explanation in the counter notice:

" I am submitting this Counter-Notification in response to a DMCA takedown notice, which I believe to be a false claim designed to unfairly hinder my business. The claimant has provided no valid proof of owning exclusive rights to the name “Zenix,” nor any evidence supporting copyright infringement. The claimant previously requested a name change without any legal grounds or evidence of trademark ownership. This shows that their claim is not based on actual intellectual property rights but on a subjective concern about market confusion. Furthermore, every component of our “Zenix Tech Startup SaaS Elementor WordPress Theme”—including the name, code, design, images, and other assets—was independently created by Keystone Themes. Our theme serves an entirely different market than the claimant’s Bootstrap Admin Dashboard product. There is no overlap in product type or category, and thus no basis for a copyright or trademark violation claim. Removing our product causes significant financial harm to our business and negatively impacts the many users who rely on our theme. I have always acted in good faith, adhering strictly to copyright laws, and I believe this DMCA notice was filed in bad faith without any legal justification.

Additionally, here are the links to screenshots showing the author’s request for us to change the product name:

Screenshot 1:Awesome Screenshot
Screenshot 2: Awesome Screenshot
Screenshot 3: Awesome Screenshot "

While I agree it’s fairly weak to claim copyright based on the above, the need and process for Envato to quickly disable items with claims made against them is a legal thing where they would otherwise be liable.

1 Like

@Keystone_Themes I think according to Envato’s policy, you’re not allowed to use an item name that already exists. As I mentioned, using the same name—even if it’s not trademarked—can still create issues under the Digital Millennium Copyright Act (DMCA) and may lead to confusion among buyers. I recommend changing your item name and resubmitting it. If your item name is unique and your item gains more sales, you will become recognized by that name.

Wishing you the best of luck with your resubmission and sales, and I hope you reach new milestones!

Zenix is a brand of Toyota which it’s probably a registered name/brand. You can request a DMCA according to that information, too :slight_smile:

On top, if their item has been approved before yours, it’s “first come, first served” idea therefor you need to change your item name.

The main issue is with the item reviewer that you shouldn’t be able to use the same name on a different project and they should’ve checked before.

Hi there,

I get your point, but let’s consider an example. Developing a WordPress theme takes time, typically at least a month, and we need to finalize the name for the theme well before development begins. Now, let’s say we come up with a unique name, like “XYZ,” and after 26 days of development, when the theme is almost complete, a new product with the same name “XYZ” enters the market but belongs to a completely different category. In this case, there’s no fault on either side. Both products should be able to coexist since they target different markets and don’t overlap in any meaningful way.

Hope this clarifies my perspective!

Update: I just received an email from Envato saying, “Congratulations! Your update to Zenix - Tech Startup & SaaS Elementor WordPress Theme on ThemeForest has been approved!” I’m incredibly happy at this moment! However, I’m also concerned about the possibility of future fake DMCA claims. Does anyone have suggestions on how to protect myself?

Our theme link: (link removed)

Just a small request, “If you guys can leave a comment on our product, it will be very helpful for us.”

1 Like

Thank you for sharing your story, Keystone Themes. This experience must have been both frustrating and disheartening, especially after the hard work and dedication you put into creating your theme. False DMCA claims can be incredibly challenging for independent creators, particularly when the issue disrupts your ability to generate income. It’s good to hear that Envato reinstated your product, but the delay and silence during the review process would understandably impact your momentum.

Your story highlights the need for fairer protections for authors on the platform, especially against unverified claims. I hope Envato will look into strengthening their review processes in cases like these to prevent such setbacks in the future. Wishing you the best with your project’s success moving forward and a smoother experience on the platform.

Hi there,

Thank you for your kind words. It was indeed frustrating, and I feel like I’ve lost the initial boost for my product, but I’m glad Envato reinstated it. Stronger protections against false claims would definitely help creators like us. If you could leave a comment on my product, it would be a great help in regaining momentum.

Thanks again for your support!

Best regards,
Keystone Themes

It’d be better if the buyers left the comment/review instead of requesting it here.

Don’t forget about that everyone is a competitor of you here and I don’t think anyone would do a comment unless it’s just a new item aka “GLWS”

The item may be removed again due to same issue as it shouldn’t be approved when there’s another item with the same name. You should consider to change the item name.

It wasn’t an issue earlier before 2017/2018 but it’s causing issues with the buyers. They may intend to purchase the wrong item ( same name ) therefor the “policy” has been implemented. You should change the item name.

@Keystone_Themes
Congratulations! Wishing you all the best with your sales.

As mentioned above, “If the claimant does not notify Envato of any court proceedings filed against you within that 10-day period, Envato will reinstate the content within 14 business days from the date they received the counter-notification.”

As both I and @ki-themes mentioned, using a name identical to an existing item could lead to several issues in the future, such as:

  1. DMCA takedowns - Envato is legally obligated to disable an item upon receiving a DMCA notice; otherwise, they could be held accountable.
  2. Violations of Envato policy (it’s unclear how the item passed review with this name)
  3. Buyer confusion
  4. Potential negative impact on your sales
  5. Negative reviews from buyers mistaking it for another product
  6. Buyers mistakenly purchasing another item thinking it is yours, leading to dissatisfaction

Using a unique name will help avoid these complications. It’s best to reach out to Envato support to discuss updating the item name.