Sorry I was a bit dense and took ThemeForest literally.
Godaddy responds as most US companies do to DMCA Takedown Notices
by removing access to the cited content. By law, they must disable
access if they receive a valid takedown request. It would then be up to
you to file a "Counter-Notice" with them, at which point they
will enable access to your content again. The Digital Media Law Project
(DMLP) has some useful info on how to file a Counter-Notice:
If you contact GoDaddy first, and inform them about the false
threats, they might consider any takedown request they receive
as knowingly false, and not disable access to your content, and/or
well as give you time time to file a Counter-Notice. It won't
hurt to ask them about what you should do, since at least then
you'd have a pre-existing support ticket number to refer to if
they do get a takedown notice.
According to the DMCA, in order to avoid potential liability, the provider is supposed to take down the content "expeditiously" upon receiving a notice and not restore it for 10 days, even if you file a counter-notification immediately. In theory, someone knowingly filing a false claim is then liable for damages, but good luck collecting on that.
In practice, though, the one time I sent a DMCA notice to a hosting company, they tried to mediate between me and the site owner rather than immediately taking anything down.
Note that as far as I know, non-US companies will usually comply with DMCA requests.
"Note that as far as I know, non-US companies will usually comply with DMCA requests."
No they won't if operating outside US jurisdiction. As a UK hoster we won't and don't recognise DMCA requests. We'll only remove content upon a receipt of a properly filed request/complaint by English lawyers (I work for a company registered in England).
There is no 'DMCA institution', further issues are handled in US courts assuming that the theme marketplace is operating under US jurisdiction. Read through the DMCA FAQ at http://www.chillingeffects.org/dmca512/faq.cgi paying attention to the notice, takedown, and counter-notice sections. Other countries may have similar mechanisms but details are likely to be quite different.
Assuming that the theme marketplace is in the United States and that your competitor does file a DMCA, you have the opportunity to file a 'counter-notice' with the service provider (theme marketplace) asserting your work is original and that you have the right to distribute it. The service provider is supposed to restore your original work in 14 days unless whoever filed the original DMCA notice brings a lawsuit in court. Whoever files a DMCA notice may be liable for damages incurred by the takedown.
- Forward the email to your theme host service. They're the "DMCA institution" you'll be dealing with.
- Ask them what steps are necessary to restore in case it does happen.
- Ask them if there's anything they would like at this time to prevent a long takedown / restoration process.
If everything is as you claim, it's possible this is a common issue with the complainant and the final straw to force them to leave the service due to a pattern of harassment.
As I said, my main concern is I won't be given the opportunity to defend myself by the DMCA institution.