Cease and Desist
What is a Cease-and-Desist Letter?
This is simply a letter sent to an an individual or business telling them to stop doing anything illegal (cease) and not to do it again (desist). The letter warns that if the recipient does not stop engaging in certain conduct or take specific actions by the deadlines outlined in the letter, the recipient may be sued.
Special price and condition
Protect your rights using Cease and Desist Letters
We defend private label brands all over the world against hijackers and counterfeiters.
Our team will draft a cease and desist letter for a client who comes to us with a brand protection issue. We send the letter to the hijackers/infringers and allow them some period to respond to our demand that the infringing content is removed. When sellers fail to respond or comply with our cease and desist letters, we draft an infringement report and send it to Amazon’s legal team.
Furthermore, a single cease and desist letter is often sufficient to convince sellers infringing on private labels to cease and desist and move on to other products.
How our team operates
The first thing we do is write a cease and desist letter to those vendors. We’ll let them know that we’d instead not file a complaint. We’d rather not put them out of business, but they must stop selling products that contain your intellectual property rights.
Most Amazon sellers will stop selling because they do not want to jeopardize their income or account. They will either stop selling your product or contact us and be eager to enter into a licensing agreement with you. They’ll then stop selling. At times if the goods being sold are grey market, you can negotiate a license fee or buy your hijacker’s inventory to get it off the market and away from lowering your prices.
If the C&D letters are not successful, or you have a case where some sellers leave your listing while others remain, you can then take the next step: complain to Amazon.
If the Cease and Desist letters are unsuccessful or some sellers leave your listing while others remain, you can proceed to the next step: filing a complaint to Amazon.
On Amazon’s website, you can fill out a form about hijackers. You must ensure that you are the rights owner when filling out the form. Describe your intellectual property holdings. Following your complaint’s issuance, Amazon will ask you questions similar to those in the emails to gather additional information for a Plan of Action. Provide the information in a way that convinces Amazon employees that continuing to allow hijackers to sell your product would risk an unhappy customer. You must persuade Amazon to remove the hijackers from the site.
Cease and Desist notices should be drafted in a way that demonstrates both strength and a willingness not to complain if sellers stop selling your product.
Investigate when you notice others selling your products. Determine why the seller should stop selling your product voluntarily.
Any cease and desist letter aims to persuade the infringing party to stop selling on their own voluntarily.
Suspension is on every seller’s mind on Amazon. The threat of a complaint implies the suspension of your entire Amazon account. Infringers feel the same way about losing your account and wouldn’t risk it for one product. Draft a Cease and Desist letter that demonstrates strength while also indicating a willingness not to complain if the sellers stop selling your product.
In the cease and desist letter, we pin out the legal basis for why we think the infringing seller should immediately remove their items and never sell them again is. We also include the registered trademark, applicable case law, and the material difference argument if they’re selling counterfeit goods