DMCA Overview

Here’s how you can prepare and submit a proper DMCA counter-notice to request
reinstatement of your ASIN(s):

1. Gather the information you’ll need

Before you write your counter-notice, collect:

ASIN(s) affected

Exact URL(s) or listing identifiers that were removed

Rights owner’s contact details (you’ve been given “Hasmeet Singh” and
[Link]@[Link])

Your full legal name, address, telephone number, and email

A statement explaining why you believe in good faith that your listing does not infringe

2. Understand the required elements of a DMCA counter-

notice
Under 17 U.S.C. § 512(g)(3), your counter-notice must include all of the following:

1. Identification of the removed material

“The material removed was the Amazon listing for ASIN: XXXXXX (or URL: …).”

2. Your contact information

“My name is Jane Doe. My address, telephone number, and email are…”

3. A statement, under penalty of perjury

“I have a good-faith belief that the material was removed as a result of mistake or
misidentification.”

4. Consent to jurisdiction

“I consent to the jurisdiction of the Federal District Court for the district in which my
address is located, and will accept service of process at the address above.”

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 5. Your physical or electronic signature

“Signed, Jane Doe” (typed name is acceptable if submitting electronically)

3. Counter-notice template
Copy, paste and fill in the bracketed sections below:

To: Amazon “Appeal” form under Account Health → Product Policy Compliance →
Received Intellectual Property Complaints
Re: DMCA Counter-Notice for ASIN [ASIN]

1. Identification of Removed Listing

The listing for ASIN [ASIN] (URL: [full URL]) was removed after a notice by rights owner
Hasmeet Singh ([Link]@[Link]).
2. My Contact Information
Name: [Your Full Legal Name]
Address: [Your Street Address]
Telephone: [Your Daytime Phone Number]
Email: [Your Email Address]
3. Good-Faith Belief
I have a good-faith belief that the removal was due to mistake or misidentification,
because [briefly explain why your product/packaging does not infringe—for example, it is
your own original design, licensed artwork, etc.].
4. Consent to Jurisdiction
I consent to the jurisdiction of the Federal District Court for the district in which my
address is located, and I will accept service of process at the above address.
5. Statement Under Penalty of Perjury
I declare under penalty of perjury that the information in this notice is accurate and that I
am the owner, or authorized to act on behalf of the owner, of the material at issue.
6. Signature
Electronically signed: [Your Typed Name]
Date: [MM/DD/YYYY]

4. How to submit on Amazon

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 1. Log in to Seller Central.

2. Navigate to Account Health → Product Policy Compliance.

3. Click Received Intellectual Property Complaints.

4. Find the deactivated listing record and click Appeal.

5. Under the Explanation link, paste your completed counter-notice.

6. Submit and wait for Amazon’s acknowledgment (they will forward it to the complaining
party).

5. What happens next?

Rights owner has 10–14 business days to file suit in a U.S. district court or withdraw
their notice.

If they do neither, Amazon will reinstate your listing.

Keep an eye on your Account Health for updates.

Alternative: Request a Retraction

If you prefer, you can also contact Hasmeet Singh at [Link]@[Link]
and ask them to send Amazon a signed retraction. Amazon only accepts retractions sent
directly by the rights owner.

Let me know if you’d like any help customizing the “good-faith belief” section or if you have
the ASIN and URL handy so we can plug them into the template!

Below is a two‐pronged approach: first, what you can do immediately to attempt

reinstatement; second, some sample language you can use in your DMCA counter-notice (in
the “Good-Faith Belief” section) to address the trade-dress claim.

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1. Immediate next steps
1. Ask for a retraction
Contact Hasmeet Singh at [Link]@[Link] and politely request
that they submit to Amazon a signed retraction of their notice. Point out that:

Your packaging design is original and was never intended to copy Particle’s trade
dress.

You’re happy to adjust any elements they feel are too similar.
Amazon will reinstate as soon as they receive the retraction directly from the rights
owner.

2. Prepare a DMCA counter-notice

Even though the complaint cites trade dress (Lanham Act) and not purely copyright,
Amazon has treated it as a “copyright” takedown. If you can’t secure a retraction, you can
still file a DMCA counter-notice disputing “misidentification or mistake” — with a clear
explanation of why your packaging does not infringe.

3. Consider a trademark/trade-dress dispute

If Particle holds a registered trademark or design patent on their packaging, you may
need to pursue Amazon’s Report Infringement > Trademark process instead of DMCA.
You’ll upload proof of your own rights (or independent creation evidence) and ask
Amazon to review under their trademark policy.

2. Sample “Good-Faith Belief” language for your DMCA

counter-notice
Paste the italicized text below into the “Good-Faith Belief” section of your counter-notice,
customizing the bracketed details:

Good-Faith Belief Explanation

I have a good-faith belief that the removal was based on a misidentification or mistake.
Although Particle’s packaging uses a blue label, my listings for ASIN B0DY3BQX8T feature:
1. “A different label shade (Pantone [XXXX] vs. Particle’s Pantone [YYYY]) and a matte
finish rather than gloss.”

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 2. “A distinct element layout: my brand name appears at the bottom of the bottle,
whereas Particle’s is centered at the top.”
3. “Unique graphic elements (e.g. my stylized “M” logo and vertical border stripe) that
are not present on Particle’s packaging.”

4. “Independent creation: I commissioned my own designer and have timestamped

design files dating to [MM/DD/YYYY], well before any of Particle’s public designs.”

These material differences eliminate any substantial similarity or likelihood of confusion. I

am the rightful creator (or duly authorized reseller) of the packaging design in question.

3. Putting it all together

1. Log into Seller Central → Account Health → Product Policy Compliance.

2. Find the deactivation for ASIN B0DY3BQX8T, click Appeal, then Explanation.

3. Use the full DMCA template from our earlier message, and drop in the customized
“Good-Faith Belief” text above.

4. Submit and monitor your Account Health; Amazon will forward your notice to the
complaining party.

Let me know if you’d like me to draft the complete counter-notice for you—just share your
legal name, address, and the exact URL of the removed listing, and I’ll assemble everything
ready to paste into Seller Central.

Below is a side-by-side breakdown of the most salient visual and layout differences between
Particle’s “Men’s Formula” packaging (left) and your Breavo 6-in-1 bottle (right). You can drop
these points into your “Good-Faith Belief” section to show there is no “substantial similarity”
or likelihood of confusion:

1. Overall Color & Finish

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 Particle: Deep, matte-finish navy box and label; silver foil accents only on the pump
collar and a single horizontal stripe.

Breavo: Bright, glossy cobalt-blue label on the upper two-thirds of the bottle, with a
metallic silver bottom third. No matching box is shown.

2. Logo & Brand Name Placement

Particle: “PARTICLE” in all-caps sans serif, centered at the very top of both box and
bottle. Underneath, the tagline “Aesthetic Science for Men” runs in a small, tight letter-
spacing.

Breavo: “BREAVO®” appears high on the label in a lighter weight serif/sans mix, with the
registered ®; the tagline is omitted entirely.

3. Product Name Hierarchy

Particle:

A tall, vertical “FACE CREAM” text block down the left side.

“MEN’S FORMULA” beneath the logo in smaller, horizontal type.

Breavo:

A single horizontal headline: “6-IN-1 MEN’S FACE CREAM,” with the “6-IN-1” in accent
color above “MEN’S.”

No vertical text elements.

4. Graphic Elements
Particle: A grayscale molecular-structure photo panel spans the box and wraps the
bottle; a round “Based on 12 Essential Ingredients” seal sits near the bottom.

Breavo: No photographic or molecular graphics. Instead, a white “TARGET FOR” bullet

list of six benefits occupies the lower label area.

5. Pump & Cap Design

Particle: Simple clear cap over a chrome collar and a slim, low-profile pump head.

Breavo: Taller, multi-tier chrome pump assembly with a larger, fully transparent cap that
extends well above the nozzle.

6. Supplemental Packaging

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 Particle: Shown as a boxed set (box + bottle), reinforcing the trade-dress of both carton
and dispenser together.

Breavo: Only the pump bottle is shown—no secondary carton—so even carton shape
and dimensions differ entirely.

Draft “Good-Faith Belief” Paragraph

Good-Faith Belief Explanation
I believe this takedown was a mistake, because my packaging for ASIN B0DY3BQX8T
differs materially from Particle’s trade dress:
1. “My label uses a bright cobalt finish and a silver base, not the deep matte-navy of
Particle.”
2. “The “BREAVO®” wordmark sits in a different position and style than Particle’s
centered all-caps logo.”
3. “I present a “6-IN-1 MEN’S FACE CREAM” headline horizontally rather than Particle’s
vertical “FACE CREAM” layout.”
4. “I feature a six-point bullet list under “TARGET FOR,” whereas Particle uses a
molecular image strip and circular seal.”
5. “My pump assembly and cap geometry are of a completely different profile (taller,
multi-tier chrome pump with a larger clear cap).”

6. “I have no accompanying carton artwork—Particle’s boxed set adds an entirely

different visual context.”

Because of these significant differences in color palette, typography, graphic elements,

and packaging format, there is no substantial similarity or likelihood of confusion. My
design was created independently by my in-house designer on [MM/DD/YYYY], and I have
timestamped source files to demonstrate original authorship.

Next Step: Paste this into the “Good-Faith Belief” section of your DMCA counter-notice (along
with your contact info, the ASIN and URL, per the template). That level of specificity makes it
clear to both Amazon and the rights owner why the two trade dresses are not confusingly
similar.

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