Brand Protection on Amazon: Knowing the Basics for your Business – Cease and Desist Communications
What is a Cease and Desist Communication?
A cease and desist communication is when a trademark holder notifies another seller that they are illegally selling the trademark holder’s product/s and asks them to stop.
When you send this demand, be courteous yet firm. You should give them a certain period of time to stop. The main thesis should be:
“You must stop selling our products, here are the reasons why, here is your deadline”.
How are these types of communications sent?
The fastest and easiest way to send this type of correspondence is through Amazon’s buyer-seller messaging system. As of September 1st, 2020, Amazon’s new policy reveals sellers registered addresses on the platform. This means that physical cease and desist letters can be sent right to the seller’s doorstep. This carries a lot more weight than a digital confrontation.
Consult Amazon Sellers’ Lawyer when you intend on sending a cease and desist demand. Our law firm guarantees unparalleled service. If our well-known reputation and letterhead doesn’t solve your issue, our continued complaints will.
Sellers who receive a cease and desist letter and decide that they will comply usually wait until they receive an infringement complaint as per Amazon’s policy. There are also people who will choose to ignore it. People will either fight it or ignore it. Our firm is able to advise our clients with a strong base on the next steps. IP law doesn’t allow for just the claiming of a product, but the intent to build it up. We advise clients to build up their brand and protect it. This makes proving the fault of the other party much clearer.
Do your homework before sending a cease and desist. Before you send a cease and desist with our firm, we want to take a look at your brand. In order to protect it, you must know what’s in it.
What’s in your warranty? What are you delivering to customers? What are your quality control recalls? There is a laundry list of issues to look at when determining whether you already have something that provides a solid basis for your cease and desist letter.
If you don’t have something, we can build something into your product that gives us a strong basis. Our cease and desist communications are effective because they identify why the other seller must stop selling the product. They key is having a strong basis and a persuasive argument in the cease and desist demand.