C & D Letters – What to Do when Law Firms Send Cease & Desist Communications
If you have ever received a cease and desist communication or a letter from a law firm or some brand protection outfit telling you that you can’t sell their products, even though yours are entirely genuine, this video is for you.
We deal with this type of issue every single week. Here’s how we help sellers who receive these letters:
Number one, we review the product, we review your source and we review the warranty to see whether or not your sales are protected under the body of law called the first-sale doctrine. The first-sale doctrine says that you can buy and sell anything that you want. You don’t need the brand’s permission. As long as when the consumer receives the product from you, there’s nothing materially different about the product or the warranty if they had bought it from an authorized seller. So you’re allowed to buy and sell anything that you want. You don’t need the brand’s permission.
So when we receive a cease and desist communication or a client hires us, we first review the product and the warranty. And if your sales are protected under the first-sale doctrine, we are not shy about defending you and reaching out to the law firm, reaching out to the brand protection company to be like, “Hey, your letter is totally baseless. The sale of these products is totally fine, totally legal under the first-sale doctrine.” Now, when we stand with Amazon sellers, we are insanely effective at preventing law firms or any of these other companies from coming after you because they know you’re are not alone. They know we’re experienced.
If you receive C & D letters as an Amazon seller, there are tools and weapons and laws at your disposal.
If you want to talk to you about your particular case, our entire litigation department is here for sellers to keep you out of court. If you do get sued, to make sure that it is resolved quickly and efficiently, so you can focus on selling, while we focus on fighting hard for you.