This article will discuss the process we utilize to remove infringing sellers on Amazon.
During our initial consultation, we gather information from the client. They give us their registered trademark information and provide us with any test buys they have conducted.
The next thing we do is begin to draft a cease and desist letter. A cease and desist letter is a document sent to an individual or business to stop illegal activity (cease) and not to restart it (desist). The letter may warn that if the recipient does not discontinue specified conduct or take certain actions by deadlines set in the letter, that party may be sued.
Basically, in the cease and desist letter, we are going to identify the legal basis as to why we believe that infringing seller should immediately remove their items and should never sell them again.
In the letter, we include the registered trademark, relevant case law and, if they are selling counterfeit items, we include the material difference argument.
In brand protection cases, the material difference exception may be utilized when products or warranties are altered.There is no real definition for what is considered materially different. It’s really what a consumer will consider relevant when buying a product.
Sometimes, we have clients that come to us and ask, ‘Why can’t you just report the infringing parties immediately?’ Our response to that is, we give everyone the opportunity to remove themselves from the online platform they are selling on. Oftentimes, once they receive a cease and desist letter, they apologize and remove the listings on their own. Occasionally, there is no reason to escalate the matter and quite often, a cease and desist letter really is the best way to come to an amicable resolution.
For help removing infringing sellers from your Amazon account, contact us:
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