Amazon Sellers Lawyer Guide to VORYS Amazon Cease and Desist Letters
If you have received a cease and desist letter from the law firm VORYS, you are not alone. Cease and desists can stop you from selling specific products, seek damages, and even shut down your seller account. In this blog, we walk you through handling cease and desist letters, why they arise, and look at recent Amazon Sellers Lawyer case wins.
Cease and Desist Letters Amazon
Cease and desist letters are tools that brands use to try to enforce their protected intellectual property on Amazon. The VORYS law firm is a common name in the space that represents brand owners in cease and desist cases against sellers. Typically, cease and desist letters threaten further legal action if you do not comply with the demands or respond within a timeline outlined in the letter. Although cease and desist letters alone do not directly interfere with your ability to sell, brand owners will often also report your account using Amazon’s brand enforcement tools.
Receiving a cease and desist letter means that you are being accused of misusing another brand’s protected property/works and that the brand is formally requesting that you stop. However, this does not mean that you are legally guilty of violating intellectual property law, just that you are being accused of doing so. Brands have been known to attack their competition using faulty cease and desist letters, so it is important to weigh whether or not complying is the right choice for you.
Additionally, it is important to understand that the law firm sending you a cease and desist letter is working against you. Providing them your supply chain documentation or other evidence that shows you are innocent can actually work to your detriment, as their team will be given a chance to analyze any potential way they can get a win for their client.
Amazon Intellectual Property Guide
Intellectual Property (IP) violations are often the root of cease and desist letters for Amazon sellers. IP can be broken down into:
- Copyright Complaints: Brand’s images, videos, or listing text.
- Patent Complaints: Brand’s unique design, features, or function.
- Trademark Violations: Brand’s unique name, logo, or product description.
- Counterfeit Allegations: Brand’s claim that you are selling unauthorized or replica products.
Appeals For Cease and Desist Letters On Amazon
Handling a cease and desist requires careful planning and efficient management of your time. Because most cease and desist letters give you a limited window to respond before elevated legal action, it is vital to make a plan immediately rather than putting it off. It is also generally recommended to reach out for legal counsel to begin preparing a case if the brand chooses to pursue further litigation. Additionally, you should not completely ignore a cease and desist, firms like VORYS are prepared to do anything to get results for their clients, so it is important to have your own representation ready to defend you.
If you are willing to exit the product space and the demands of the letter are minimal, it can be good to comply without an admission of guilt or wrongdoing. However, if you believe that you are being wrongfully accused, it is important to begin gathering evidence related to your products and their sourcing immediately. This will allow you to create an Amazon Plan of Action (POA) for appealing suspensions on your seller account.
How Amazon Sellers Lawyer Handles Amazon Cease and Desist Letters
The Amazon Sellers Lawyer team works in collaboration with our appeals and litigation teams to address cease and desist letters jointly. We recently helped a client who was accused of selling counterfeit products by directly negotiating with the complainant. After being issued a cease and desist, and being suspended on Amazon, our client contacted us to help with both issues. The key here was demanding evidence from the complainant, who saw the demand coming from a law firm and immediately retracted all claims against our client. This led to a reinstated seller account and the end of their cease and desist pursuit.
Contact Amazon Sellers Lawyer Today
If you have recently received a cease and desist letter, it is important to start planning your response immediately. The Amazon Sellers Lawyer team has the experience necessary to help you navigate these letters, having worked exclusively with sellers like you since 2016. We are prepared to restore your account and have your back if brands pursue further litigation. Contact us today through our online form or at 212-256-1109
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.