In my theoretical example, let's say Disney slapped this person with a DMCA for the Loki look. Instead of just sending the DMCA request, they would also need to put $10,000 in escrow, and then open a meeting with an arbitrator for review.

The arbitrator's job would not be to assess it's validity, but would be to only determine whether the DMCA was frivolous or not. If the arbitrator rules it's frivolous, the $10,000 gets sent to the person pretending to be Loki. If the arbitrator rules not frivolous, the $10,000 that Disney put in escrow gets returned and it plays out like a normal DMCA.

The whole point is just that Disney, or the person filing the request, would be putting $10,000 on the line with the risk the arbitrator could rule it frivolous. If Disney disagrees, they can open a full lawsuit against the person, but that's a big risk on both sides that could still have abuse.

I'm just spitting out ideas. Maybe something like this could get refinement.

What I'm trying to get at though is that the creator filing the DMCA request should have to put something on the line to show they are operating in good faith, and I believe that something should be larger or smaller depending on the size of that creator.

The arbitrator in the picture is just to determine whether the DMCA has merit, in which case the something is sent back to the DMCA filer and it's a normal DMCA; or if the request does not have merit, in which case the something is sent to the person filed against.