Amazon Seller News: VORYS Cease and Desist Cases Guide For Sellers
Cease and desist cases can be a major threat to your independent Amazon seller business. Whether you plan on complying with the terms in the letter you have received or if you are going to fight to keep your product on the platform, major firms like VORYS may seek damages against you in court that destroy what you have built up. For that reason, it is key that you have a well-planned and efficient response to any cease and desist that you may be targeted with. In this blog, we walk you through some of the most important details that sellers need to know when navigating cease and desist letters, including how the Amazon Sellers Lawyer team can help you get back to selling as normal.
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What is a Cease and Desist?
Cease and Desist orders on Amazon are legal demands that typically accuse you of violating a brand’s protected intellectual property (IP). Often, we see firms like VORYS issue a slew of accusations, most of which are irrelevant as you are protected by the first sale doctrine. However, if you are accused of “interference with contract” your account is facing a serious threat.
At Amazon Sellers Lawyer, we recommend that sellers always respond to cease and desist letters, as failure to do so can escalate the case against you. This response should be done in a timely manner, with cease and desist letters providing a date which you must respond by.
The reason behind you being sent a cease and desist letter often pertains directly to accusations of intellectual property violation. This is key as brands can use Amazon’s brand protection tools to create further pressure for a response by reporting your products and account. These areas include:
- Trademark Complaints: Protected logos, symbols, and names for businesses/products
- Trade Dress: Pertaining to the aspects of a product’s packaging
- Patent Infringement: Aspects of a product’s material or functional design
- Copyright Violations: Pertain to the specific content of a product or brand
- Counterfeit Accusations: Alleged attempts to deceive customers through similar appearing and functioning products.
Cease and Desist Amazon Response
Although most sellers are not prepared for a cease and desist order , it is vital to have a quick and efficient response if you are targeted by one. Whether you are planning on complying and ceasing sale of affected products or fighting back, the team at Amazon Sellers Lawyer is here to help you navigate discourse with the firm that issued the cease and desist.
An important tip for sellers planning on complying is to be careful how you word responses to your accusers. This is because any supporting evidence for their case could be used in future litigation against you if further damages are pursued at a later time.
Unlike other firms, the Amazon Sellers Lawyer team is here to help you with the entire process of navigating your cease and desist case. With experienced litigation and patent attorneys, we can help you even if your case is taken to trial. Additionally, our team of legal professionals includes former Amazon enforcement staff who know the ins and outs of the appeals process and are ready to help if your seller account or products are suspended.
Contact Amazon Sellers Lawyer Today!
At Amazon Sellers Lawyer, we have spent the last decade exclusively focused on helping sellers navigate the legal landscape of operating an e-commerce business. Though cease and desist cases offer one of the most significant legal challenges, our team offers a wide range of services covering any issue that can come up as an independent Amazon seller. 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 seven 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.