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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- (916) 704-3009
- View Profile
- 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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
