News Today for AMZ Sellers – How to Respond to Cease and Desist Letters
Why Amazon Sellers Should Take Cease and Desists Letters Very Seriously
So I checked with our client relations team and I said, “Okay, what are the problems they are facing right now?” And Marisol let me know that she is seeing a dramatic increase in the number of sellers just like you who are receiving cease and desist letters from brands and other brand protection companies, telling you to stop selling their products.
So that’s what I want to talk to you about today. If you receive a cease and desist communication from either someone who works directly for the brand or another outside entity, I want you to take that notice very, very seriously.
Now with full transparency, as Amazon sellers just like you developed your own brands, and we saw how awful the other brand protection companies operated, my firm now protects over 200 different brands, many of them owned by sellers just like you who developed your own brands. As you have grown, we have grown to help you.
So you have now received a cease and desist communication telling you that you can’t sell a certain product. The first thing I want you to do is to make sure your products are genuine.
That there is no risk at all that you’re selling counterfeit products, and every retailer has this issue. It’s not just on Amazon, even in big box stores, counterfeit products often end up on shelves.
Number two, I want you to evaluate whether or not it is worth it to you to continue to sell that product.
Being able and having the right to sell a product is different from making a business decision to keep selling a product. Look at the 80/20 rule as it pertains to your business.
Now, if you have decided to continue to sell that product, I want you to respond to that cease and desist communication. Write back to whoever sent it to you, and identify the reason why you can 100% legitimately continue to sell that product. I can guarantee if you receive a cease and desist communication from my firm. There is something that took the sale of that product outside the first sale doctrine and you cannot legitimately continue to sell it and then I want you to reach out to me.
If it’s any other company, do a deep dive evaluation, figure out whether you can legitimately continue to sell that product, and don’t ignore it but absolutely respond from a position of strength as to why you can continue to sell that product and that brand should contact you if they feel otherwise.
If you need more information on how to respond to cease and desist letters: