Cease and desist letter
we have been issued with a cease and desist notice by a manufacturer via their solicitors, the manufacturer will only allow wholesalers to supply sellers that they approve, we have been selling these products for thirty years and we still have stock to sell, does anybody know if this is legal? they have also asked for a list of suppliers and dates of delivery from the 1st January this year.
Cease and desist letter
we have been issued with a cease and desist notice by a manufacturer via their solicitors, the manufacturer will only allow wholesalers to supply sellers that they approve, we have been selling these products for thirty years and we still have stock to sell, does anybody know if this is legal? they have also asked for a list of suppliers and dates of delivery from the 1st January this year.
0 replies
Seller_qZO3ZCjoBXEeL
If you purchased genuine goods from an EU supplier then the cease and desist is unenforceable. Right of resale exists for legitimate goods once placed on sale within the EU.
That being said they are under no obligation to provide you further goods for sale.
Personally I would suggest responding with your supplier information and dates of purchase, stating that what you have said, goods have been purchased in good faith from XYZ and that you have been selling their products for the past 30 years this way and would like to continue to do so.
Regarding the goods that you already have, that is a contractual issue between them and their wholesaler… If the wholesaler has improperly supplied you then they need to take it up with them, not you.
The only exception would be if the goods were counterfeit which I am sure is not the case.
Seller_PVPfkZzMhWG8C
I’d recommend talking to a lawyer. People on here can be really helpful, but without knowing their background you can’t risk your full business on their advice.
Seller_bdSdLjti4IugQ
I’m not expert on the law so I won’t try to give you that point of view but if I received that letter I would think the following. They’ve sent you this letter in order to obtain information from you, i.e where are you getting your stock from. It’s clear they’ve got an agreement in place with wholesalers to only supply approved sellers, of which your not on / haven’t applied for etc… , so they want to find out which wholesaler is breaking the agreement they have. This agreement is between the manufacture and the wholesaler. If there is an agreement for the wholesaler to only supply approved sellers then that’s their business and nothing to do with you… If it’s not a big product line i’d sell through the remaining stock you have and just cut ties with it. Would it not be worth speaking to your wholesaler and see what they’ve got to say?
Seller_L3E8iknKXqZNV
Cease and Desist may not be legally enforcable
but if amazon receives a notice from a manufacturer to the effect retailer x is not authorised to sell their products, amazon will no doubt pull all those products and bock the seller from that brand.
anything for a quiet life amazon dont take chances
Seller_2BrPSydGy6oyq
That’s then a matter between the manufacturer and wholesaler, if the wholesaler is selling to ‘sellers’ not approved by the manufacturer?
Provided you obtained the stock legally and have legitimate invoices to support the the stock purchased and sold, then what legal action can the manufacturer take against you for stock you legally own?
Personally, I avoid responding to cease and desist letters, if in doubt, I remove listings until I look into the issue, or just ignore the letter if it’s unfounded…unless actual court papers arrive.
Seller_8PqdYLL8nb4uF
I would be inclined to phone the solicitors number to check if the letter is genuine, look for the solicitors online and cross check the phone number. Someone may just be phishing for you supplier details to compete against you. A bit like anothe huge firm close to us all!
Seller_Rds42gzScDQFa
A cease and desist letter often precedes intellectual property (and other) commercial litigation. It is meant to inform the recipient that they have allegedly infringed a legal right of the sender and, at the very least, asks them to stop, or cease, their actions or face potential legal action. These letters are particularly common in trademark disputes, where the sender will usually claim legal rights to a trademarked word, phrase or design and request that the recipient immediately stop using it on any commercial merchandise. However, cease and desist letters can be used for any type of alleged intellectual property right infringement, such as infringement of patents, copyright or industrial designs.
The letter is not a court order and on its own is not legally enforceable. Therefore, there are no immediate repercussions to non-compliance. However, if ignored, the recipient risks that the situation will escalate and the sender will start a legal proceeding against them. In some cases, the letter opens a pathway for negotiation between the sender and the recipient (for example, negotiating a licensing deal on a patented product).
Be sure to check the authenticity of the sender of the cease and desist letter and if they are a lawyer or legal practitioner ie licensed to practice law.
Seller_PqRORvCSLAuUn
It could be a possibility that a rival company is sending you letters. I have in the past had customers who changed suppliers to me and the company they used to buy from send them a letter pretending to be the manufacture claiming that my stock is rejects and dangerous however they sent it via franked post and their company was on the postmark.
Seller_mPemhG9cHWctM
They cannot stop you selling the stock no.
They are also not privy to information commercially sensitive to your business.
I’d ignore them.
Seller_OC2oPwi28kE9W
You’re asking the wrong question.
You should be asking if it is “Amazon enforceable”
The answer to which is yes, if you ignore them all they need to do is send in an IP/counterfeit claim against you and you will be suspended unless they lift it, which having burned that bridge would be unlikely.
All of which takes you back to the lawyers you say you can’t afford.
