Know Your Rights! When Brands Send Baseless Cease & Desist Letters for Products Sold on Amazon
Hi, everyone. My name is Alexa, and I’m here today to talk to you about cease and desist letters.
Very simply put, cease and desist letters are requests for a person to cease, to stop selling a brand, and to desist, forever stop selling this brand/product in the future.
I hear people saying, “Oh, well I received this letter, but I’m selling authentic products. I have invoices to prove my products are authentic.”
That’s great. With that in mind, you have an option of how to proceed. You could either respond, and attempt to find a settlement agreement with the brand, so that you never have to worry about dealing with a lawsuit in the future, or you could tell the person who was sending you the cease and desist letter to go and scratch, pretty much, because you have proof that the products that you’re selling are authentic.
If they were to bring you up in a lawsuit they would be wrong because your products are authentic, and you’re covered by the first sale doctrine because you have proof that your products were purchased through the stream of commerce, and are not materially different from what the manufacturer or what the brand sells.
I hope this has been informative & if you have questions about baseless cease & desist letters, don’t hesitate to reach out to me, or anybody on our litigation team. They’d be more than happy to assist you.