If you are the owner of intellectual property like trademarks, copyrights or patents, you may find that someone is infringing on your IP in the Amazon seller marketplace. Aside from a straightforward use of your IP in Amazon Seller listings, another common way this happens is through the hijacking of product description pages (also called piggybacking). Linking your seller page/item to another Amazon seller’s product ID page is prohibited and is IP infringement.
If your Amazon marketplace IP is being infringed, contact us here at Revision Legal. We are Amazon IP lawyers and can provide the Amazon legal help that you need. As we can explain, you MUST police your trademarks and copyrights on Amazon because failure to do so can result in the loss of those IP rights. Eventually, you may need to file infringement litigation against the infringers. However, there are other actions that must be taken before litigation is filed. The first task is to send “Cease and Desist” letters to the infringing parties. Below is a short discussion and a sample Amazon Cease and Desist letter.
What is an Amazon cease and desist letter?
Essentially, an Amazon cease and desist letter is a NOTICE that you claim IP rights and a DEMAND that the other party stop infringing upon those IP rights. Under trademark, copyright and patent laws, making public claims of IP ownership is a necessary part of protecting those IP rights. Further, defending and policing your IP rights — like demanding someone stop infringing — is also a necessary part of protecting your IP rights.
To whom is the cease and desist letter sent?
The Amazon cease and desist letter is sent to the party who is engaged in the infringing activity. Generally, that is another Amazon seller.
What about Amazon?
An Amazon C&D letter is sent to the infringer, not Amazon. What is sent to Amazon is a Claim or Complaint of IP infringement to which a copy of the C&D letter is attached.
Template for an Amazon Cease and Desist letter
Keep in mind that there will be several “audiences” for your Amazon C&D letter. These include the person/business receiving the letter. Eventually, Amazon may receive a copy (along with their attorney) and, maybe down the road, the letter will be part of court filings and be seen by a judge. As such, C&D letters must be polite and professional. This is why it is important to start with something like: “It has come to our attention ….” These are generally delivered by email and are either cut and pasted or uploaded via PDF. Here is a template for a trademark infringement claim.
TO: [INFRINGER’s] Email address
SUBJECT LINE: Trademark Infringement Cease and Desist DEMAND RE: [BRAND]
Dear [NAME OF INFRINGING SELLER],
Our [COMPANY] is the owner of [TRADEMARK BRAND]. It has come to our attention that your Company is using [TRADEMARK BRAND] and/or our [COMPANY’s NAME] to sell products on the Amazon seller’s marketplace in violation of federal and international laws which prohibit trademark infringement and unfair competition with respect to the following listing(s):
[AMAZON LISTING NUMBER/ACCOUNT]
This letter will serve as legal notice of our rights and our DEMAND that you cease and desist all further actions described above, including any use of our trademarks and brands. You are not authorized to use our trademarks or brand or mention of our products/company on your listings on Amazon and on any other online marketplace or website.
We request and DEMAND legal compliance with this Cease and Desist Letter within 24 hours. Failure to comply will result in further legal action against you including infringement claims directed to Amazon Seller Performance.
[YOUR TITLE (like President, CEO, etc.)]
Contact Revision Legal
For more information or if you need help protecting your IP rights, contact the trusted Amazon Lawyers at Revision Legal. You can contact us through the form on this page or call (855) 473-8474. Get the Amazon legal help you need. We are lawyers specializing in internet law. You want the best Amazon seller business law firm.