VORYS is a law firm that specializes in brand protection. We get many calls from clients asking how to go about addressing these letters.
VORYS letters are generally very similar; they always claim trademark infringement, never counterfeit infringement.
VORYS letters usually have 3 components:
1 – The warranty argument: this is the warranty they will include on whatever brand they’re trying to enforce. For example, their warranty will be, hypothetically speaking, a two year warranty and if you’re an Amazon seller, it may only be 90 days. So essentially what they claim is that the products are materially different because their warranty is much better than that of a typical Amazon seller.
2 – Quality controls: usually include arguments such as safety issues, inspecting the products (that they may not be stored properly).
3 – Tortious interference with contract: generally what they try and claim is that you are aware of another contract especially when you were put on notice with a cease and desist letter and you are still selling the product and infringing.
Those are the three biggest points that they basically include in every letter.
Many VORYS letters ignore the First Sales Doctrine, which is basically based upon consumers receiving the same products and benefits, regardless of who is selling them.
If you are receiving these letters and have questions or concerns about them, feel free to contact us and send over the letters. We would be more than happy to look them over and offer you a free consultation. We look forward to hearing from you.