What to do after a DMCA or trademark complaint on Shopify
The first hours after a notice: what to read, what to remove, when a counter-notice makes sense and when it does not, and how to stop the next one.
You open your email and there is a message from Shopify, or from a rights-holder's lawyer, saying a product in your store may infringe someone's rights. It's stressful, but what you do in the first few hours matters more than how you feel about it. This is general information, not legal advice. The details depend on your country and your facts.
Read the notice before you do anything
Work out what kind of complaint it is, because the options differ.
- Copyright (often called a DMCA notice): someone says you used their photo, artwork, or design without permission. The DMCA is a US law, though many platforms apply similar processes elsewhere.
- Trademark: someone says your listing uses their brand name, logo, or character in a way that infringes. This covers team marks and licensed characters too.
- Counterfeit: someone says the product itself is a fake. This is the most serious category.
Note who sent it, which products or URLs are named, what they claim, and any deadline in the message. Shopify generally acts on rights-holder complaints. That can mean removing listings, restricting or closing a store, and, if you use Shopify Payments, holding funds. Shopify's Legal pages and Help Center explain the current process, so read those rather than relying on a blog post (including this one).
Preserve, then remove
Before you change anything, save evidence: screenshots of the listing, the original supplier page, your order history for the product, and your messages with the supplier. If this escalates, you or a lawyer will want it.
Then take down what was named. Set those products to draft or unpublish them. Don't just edit the title and put them back, and don't relist the same item under a new name. That looks like evasion, and repeat complaints are what put a store at risk.
Next, look for the same problem elsewhere:
- The same image on other products, collections, or banner slots
- Variants of the product from the same supplier
- Ads, social posts, and marketplace listings using the same photos
- Brand names in tags, descriptions, and image file names
Fixing only the one URL in the notice while ten similar listings stay live is how a second complaint arrives.
When a counter-notice makes sense, and when it doesn't
A counter-notice is a formal response saying the removal was a mistake. Under US copyright law, it is a statement made under penalty of perjury that you believe in good faith that the material was removed by mistake or misidentification. It also includes your contact details and your consent to US court jurisdiction. The rights-holder then has a short window to take legal action, or the material may be restored. Trademark complaints don't have that same statutory process, so check what Shopify offers for the type of complaint you received.
It can make sense when:
- You took the photo yourself, or you hold a license for it
- The complainant clearly misidentified your product or image
- You are selling genuine goods you bought legitimately, and your listing doesn't suggest a relationship with the brand (whether this holds up depends on your country and facts)
It usually does not make sense when:
- The product carries a logo, character, or team mark you have no permission to use
- Your only support is that your supplier said it was fine. That is not a license, and the legal responsibility for what you sell sits with you
- The item is described as "inspired by" or "style of" a brand, but is plainly a copy
- You aren't sure who owns the image
Filing a counter-notice you can't back up can make things worse, since knowingly false claims can carry liability of their own. If real money or your whole store is at stake, an intellectual-property lawyer is worth a short consultation before you reply. Many will give a first opinion quickly.
Stop the next one
Most complaints against dropshippers come from the same few sources: supplier photos you didn't check, branded or licensed items sold as generic, and designer-style prints. A few habits cut most of the risk:
- Audit your catalog now. Look at every main image and every gallery image for logos, characters, team marks, and recognizable prints. Zoom in. Marks often sit on a sleeve, a sole, or a packaging corner.
- Check text as well as images. Brand names in titles, tags, and SEO fields cause complaints even when the product is fine.
- Run a reverse image search on supplier photos. If the picture appears on a brand's own site, don't use it.
- Ask suppliers for written proof of any license or authorization, and keep it. If they can't provide it, treat the product as unlicensed.
- Review before publishing. Import products as drafts, check them, and only then go live.
If your catalog is too large to check by hand, a scanning tool such as MarkSentry can flag likely characters, logos, team marks, and designer prints in product photos and set them to draft with the reason noted. It reduces risk but doesn't replace your own judgment on borderline items.
A complaint is a warning, not necessarily the end of your store. Respond promptly, remove what's named, check for the same problem elsewhere, and be honest with yourself about what you can actually defend.
General information, not legal advice. Trademark and copyright law varies by country and by case. If you have received a complaint or face a decision that matters, talk to a lawyer who handles intellectual property.