Cease and desist letters from the VORYS law firm are one of the biggest threats that a seller can face on Amazon. These letters demand that you comply with taking down content on your storefront, including everything from logos, text, and entire product lines. If you do not comply with the strict terms outlined in the letter, these threats can evolve into a lawsuit that tanks your entire business. However, this does not mean that immediate compliance is the right move, or even necessary for your case. In this blog, we walk you through the meaning of receiving a cease and desist letter and the options that you have to respond to it.
Cease and Desist Letter Meaning
Receiving a cease and desist letter typically means that a brand believes that you are infringing on their protected intellectual property. There are three major types of these protected intellectual property issues:
- Trademark Complaints: Protected logos, symbols, and names for businesses/products
- Patent Infringement: Aspects of a product’s material or functional design
- Copyright Violations: Pertain to the specific content of a product or brand
In addition to these areas, brand owners may allege that you are producing counterfeit products, which are products that are meant to imitate a protected brand’s identity with the goal of deceiving customers.
When you receive one of these letters, it will identify the specific aspect of your account that is alleged to be in violation of a brand’s protected identity. The letter will also give you a timeframe by which a response must be issued before further legal action is taken against you and your account.
However, just because you receive a cease and desist letter does not mean that your products are in violation. Firms like VORYS are hired in order to dissuade both genuine infringers and other business competition that generally does not have as strong of a case against them. Your response to the letter will depend on whether or not you want to fight back against the claims against your store and products.
VORYS Amazon Follow Up
Responding to these cease and desist letters can be stressful and time consuming, requiring careful analysis of your legal positioning to carve the best path forward. Regardless of whether you want to fight the case, contacting legal counsel can help to confirm the legal positioning of your case.
For sellers who are looking to comply with the terms of the cease and desist letter in order to have a quick resolution, it is important to carefully navigate the process of compliance. Because firms like VORYS are hired in order to achieve a result for their client, their goal will always be to get the best possible outcome even if that means pursuing further litigation after your compliance. For this reason, it is best to contact them through your own legal counsel to avoid unintentionally giving them evidence which supports additional legal actions against you.
If you are looking to fight back against the cease and desist, it is vital to consider retaining legal counsel if further damages are pursued. Having someone who is familiar with your case prepared to defend you can be key to ensuring timely responses to legal challenges, and having a positive outcome for your case.
Amazon Appeal Submissions – Cease And Desist Suspensions
An additional consequence of cease and desist letters is that firms that send them to you may pursue action against your Amazon account directly. Through Amazon’s brand protection tools, brand owners are able to alert Amazon’s enforcement team to potentially infringing products. Because Amazon has an obligation to prevent intellectual property infringement on their platform, Amazon is often quick to issue suspensions to products and accounts regardless of the evidence presented to them.
Getting your account back is a matter of submitting appeals to Amazon’s enforcement team, composed of written sections on the nature of your suspension, and supporting documentation as to why your account should be reinstated. Often, suspensions that coincide with cease and desist letters are much more difficult to appeal for independent sellers compared to more minor violations. For this reason, escalation appeals – done through legal letters or arbitration – are major tools that lawyers can provide you to help get your account back.
Contact Amazon Sellers Lawyer Today!
At Amazon Sellers Lawyer, we frequently work on defending clients who are facing the legal challenges of being targeted by a cease and desist letter. For over a decade, we have been helping these sellers navigate through the legal world and getting them back to focusing on growing their business. If you are currently being targeted by one of these letters, give us a call at 212-256-1109 or fill out our online form linked here.
About the Author
CJ Rosenbaum, Esq.
CJ Rosenbaum is the founding partner of Amazon Sellers Lawyer. He’s been practicing law since 1995, and since 2016 his firm has focused exclusively on helping Amazon sellers deal with issues like suspensions, intellectual property disputes, and withheld funds.
CJ has written six books on Amazon seller legal issues including the Amazon Sellers’ Guide to Copyright Law. He has spoken at major industry events like the Prosper Show, Global Sources Summit, Retail Global. CJ also works with the Amazon Sellers Lawyer team to provide free content for Amazon sellers. This is available through their online blog and YouTube channel, frequently covering major Amazon updates and important topics relevant to the seller space.
Through BrandProtectionAmazon.com, the firm also supports brands in protecting their products. This gives the team the unique opportunity to learn from case wins on both sides of the fence, strengthening protection for both the sellers and brands that Rosenbaum & Segall P.C. represents.
Amazon repeatedly rejecting your Plan of Action? Amazon Sellers Lawyer handles suspension appeals and account reinstatement cases – including arbitration against Amazon when they’re withholding seller money. Contact us to discuss your situation and figure out the best path forward.