Amazon Sellers Policy News: VORYS Cease and Desists Are Ramping Up This Spring
In recent weeks, we have seen a massive uptick in the number of cease and desists that sellers are receiving from the law firm VORYS. VORYS frequently handles cases against independent Amazon Sellers representing brands in issues of intellectual property disputes, or disputes over the products you are selling as being counterfeit. In this blog, we walk sellers through handling cease and desist letters and use Amazon Sellers Lawyer case data to explain potential outcomes from a C&D.
Why Did I Receive a Cease and Desist Letter?
If you have received a cease and desist letter, it is an accusation that you have in some way violated the brand’s protected likeness or contract with Amazon. Accusations like this may not always have legal bearing, but they are always an attempt to remove you from competing in the same product market as the brand owner.
Typically, letters from VORYS will accuse you of several things, including copyright infringement, trademark violation, interference with contract, unfair competition, and more depending on your case. Often, the inclusion of these additional accusations are meant to scare you into seeking a quick resolution rather than fighting their claims.
The most important immediate thing for sellers to know is that cease and desist letters almost always require a response. Since firms like VORYS are being paid to get a result for their client, their goal is to pursue removal of your product by any means. So sellers that fail to respond are often at the most risk of having the letter escalate into a full on legal battle, which can be costly and time consuming.
Fighting VORYS Cease and Desist Letters
Claims from VORYS can often be combatted using the “First Sales Doctrine” which states that as long as a product was purchased legally, it can be resold under most conditions. The major way brand owners work around this is by creating “material differences,” which seek to remove the protections of the first sales doctrine. These material differences can be as small as warranty service specific to the brand owner, which can threaten legal positioning for your products.
Another major source of legal concern is the interference with contract claim, which argues that your sourcing of the products violated a contract between the manufacturer and brand owner. This claim can be especially threatening if your sourcing does violate manufacturer contracts, however, it requires the presentation of the contract you are accused of violating.
Fighting C&D letters starts with analyzing the validity of any claims against you. If there are potential copyright and trademark violations on your storefront and in your products, it is far more likely that you are coming at the case in the defensive. This does not mean won’t have a positive case result, but it is far more important to reach out to legal guidance immediately to discuss your options.
A recent case from Amazon Sellers Lawyer explains one of the potential options for sellers at this stage. Our client reached out to the ASL team after being sued by VORYS, requiring quick preparation of a defense. Because our client was willing to exit the product space, we were able to negotiate a settlement with zero payment and only an agreement to cease sale of the product in question.
Regardless of your intentions for handling cease and desists, it is important to reach out to legal counsel before directly negotiating with VORYS. Since VORYS is being paid by someone to go after you, their goal is not to work with you for a mutually beneficial agreement. Having a legal time behind you will ensure that you are adequately represented in the handling of these matters.
Contact Amazon Sellers Lawyer Today!
If you have recently received a cease and desist letter from a firm like VORYS, it can be vital to reach out to legal guidance as soon as possible. Choosing Amazon Sellers Lawyer is choosing over a decade of experience in handling these matters for sellers. We have the experience to handle your case and we will work to help get you back to business as usual. Give us a call today 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.