Cease & Desist Letters to Unauthorized Amazon Sellers
As a brand manager, you should absolutely know what should be in your cease and desist communications to unauthorized Amazon sellers.
The very first thing you should put in that communication is a reason to the seller why he/she cannot sell your products, why they are violating your intellectual property rights, and/or why the sale of the product by them is outside of the first sale doctrine.
The second thing you want to do is to give the unauthorized seller the ability to stop selling your product amicably. When you persuade an Amazon seller to stop selling your product amicably, their sales stop immediately. Also, you protect your brand from some of the blow backs that can occur if you needlessly make a complaint against a seller. Every time you make a complaint (whether you do it yourself or a brand protection company does it) you are putting each and every one of those sellers at risk of losing their entire business / losing their entire Amazon seller account.
Lastly, in that communication, you want to give the seller the ability to contact you. Oftentimes, an Amazon seller will reach out and ask if they can sell out their inventory. Often the number of units they have is very, very small. Also, if you give them the chance to communicate with you, that seller will often provide you with the source of their inventory. Sometimes it’s your own distributor, sometimes it’s outside your intended chain of distribution, but this information is vital to really engage in efficient and effective brand protection.
If you have any questions about sending cease & desist letters to unauthorized sellers, call us for a free consultation: 1-877-9-SELLER.
Our law firm is geared towards intellectual property and brand protection for the ecommerce marketplace.
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Rosenbaum Famularo, PC, the law firm behind Amazon Sellers Lawyer.
