1. The person files a DMCA notice to the theme website.
2. The theme website takes down your theme and notifies you.
3. You file a counterclaim where you assert that you are the rightful copyright owner of the theme.
4. The theme website puts your theme back up.
5. The person can choose to sue you which costs them money and is probably difficult for them to do.
One little thing I recommend you do if the DMCA notice does go through is make sure a copy of the takedown request is sent to https://www.chillingeffects.org/. This is what google, twitter, github and a lot of tech companies large and small do. The reasoning is that a lot of people use the DMCA as way to harass websites and one small bit of recourse you have is to publicly shame them.
I'm just speaking to the way the process works in law, but it would actually be less ideal if they had to provide proof of their claim. Why? Well, if proof were required then a court would have to be involved at the outset, rather than after the notice is put back up.
1. The person files a DMCA notice to the theme website.
2. The theme website takes down your theme and notifies you.
3. You file a counterclaim where you assert that you are the rightful copyright owner of the theme.
4. The theme website puts your theme back up.
5. The person can choose to sue you which costs them money and is probably difficult for them to do.
One little thing I recommend you do if the DMCA notice does go through is make sure a copy of the takedown request is sent to https://www.chillingeffects.org/. This is what google, twitter, github and a lot of tech companies large and small do. The reasoning is that a lot of people use the DMCA as way to harass websites and one small bit of recourse you have is to publicly shame them.