DMCA counter-notice refusal regarding "trademark infringement"

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#1

I have successfully disputed multiple false DMCA takedowns from the same entity within the past 8 months. This is all because of some clothing items uploaded 8 years ago, to a group which has since closed with no owner. Because of that, I cannot edit the items to rename them, take them off sale, or archive them.

It is clear to me that they are using some type of automated tool to take down items found in the catalog matching certain keywords without any due diligence. I actually don’t care if these items are removed, as long as my account does not face any strikes.

My issue is that copyright_agent@roblox.com refused to accept my latest counter-notification document, only offering this in response:

We would like to inform you that your clothing items were moderated for infringing the trademark of [REDACTED]. The penalty for this offence will not be changed.

This is my first time getting a response like that. I wrote the copyright agent again asking for clarification and received the standard “we’re unable to provide you with any further information” response. Some investigating lead to this information under DMCA section in the Terms of Service:

Roblox is not in a position to mediate disputes between Users and the holders of trademark rights. However, we take intellectual property rights seriously, and, upon receipt of a valid trademark infringement notice, we will investigate and may remove content that engages in trademark infringement.

This is mentioned nowhere in the original e-mail from support notifying me of the takedown. Would I be correct in understanding that under Roblox’s three-strike policy, you risk having your account permanently disabled from false trademark-related DMCA takedowns due to them being essentially unappealable?

Seeing as I don’t have an extra $3,000 - $5,000 laying around to retain a lawyer for the sake of my Roblox account, I don’t know what to do at this point.

I’d like to escalate this issue to someone higher at Roblox but I’m not sure how one would go about doing that these days.

Has anyone else had a similar experience they would be willing to share?

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#2

In an effort to get this resolved, I reached out to appeals/support who surprisingly quickly forwarded my ticket to the copyright team. No success.

Your account was correctly moderated for creating a clothing item with copyright content owned by [redacted]. The penalty for this offense will not be changed. Please check our email or PM we sent to you on November 22, 2023 with the subject line “IP Content Removed”.

Again, at this point in time the matter shouldn’t even pertain to any moderation action. They are completely refusing to accept my counter-notification in the first place.

I’m not looking for legal advice here, but under section 512 of the DMCA, isn’t Roblox required to forward the counter-notice and then restore the removed content within 14 days provided I haven’t been sued? The U.S. Copyright Office’s own website seems to back that up:

Following receipt of a compliant counter-notice, the online service provider must restore access to the material after no less than ten and no more than fourteen business days, unless the original notice sender informs the service provider that it has filed a court action against the user.

I am 100% confident that the items removed were not infringing this company’s copyrights or trademarks, I’ve even verified as such through the USPTO. Really hoping that this is all just a big misunderstanding and not indicative of a negative change in the way Roblox will be handling these matters going forward.

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