Asked in Intellectual Property for Michigan

Q: Received a cease and desist letter from a brand. Do I have to reply?

Received a cease and desist letter from a brands attorney for selling some of their Products on Amazon. Immediately unlisted any active listing on Amazon. Letter states to reply by email or phone within a week stating my compliance with their orders which are to cease the sale of any more product and to mention the source of where I got the products from. My question is if I stopped selling their products as mentioned do I still have to reply to them letting them know I did so and do I have to mention the source of my products?

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1 Lawyer Answer
James L. Arrasmith
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Answered

A: When you receive a cease and desist letter, it's a formal request to stop allegedly illegal activity. While you've taken the initial step by removing the listings, responding to the letter is generally advisable. This response can serve as documented proof of your compliance, which might be beneficial in avoiding further legal actions. It's an opportunity to clarify your position and show that you're taking their concerns seriously.

Regarding disclosing the source of your products, this decision should be made carefully. The request for sourcing information could be related to the brand's efforts to track and control the distribution of their products or to investigate potential counterfeit goods. However, before providing any information, it's important to understand the implications fully. Sharing sourcing details without understanding the legal context could have unintended consequences.

Before responding, it might be wise to seek advice from a legal professional familiar with intellectual property and e-commerce. They can provide guidance on how to craft your response in a way that protects your interests. A lawyer can also advise you on the necessity and potential risks of disclosing your product sources, ensuring you navigate this situation with informed caution.

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