Yea.. Cease and Desist Letters for the New Year!

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SWalker1
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Yea.. Cease and Desist Letters for the New Year!

Post by SWalker1 » Wed Dec 31, 2014 6:34 pm

Hey guys,

I was wondering if anybody still gets cease and desist letters by emails? I contact Amazon through through the Contact Us section in the Amazon Affiliate. I also forward the back and forth email with these guys to Amazon UK. All contents are pulled from Amazon via Associate-o-matic. I even have my disclaimers on the website as well. Am I missing something or am I good to go?

They will check back in 7 days (I'm not changing anything). I also receive an email from Amazon UK that they are going to investigate this matter an respond in 5 days.

What is your experience with cease and desist letters/email? The copy of the email is below:

Subject:
McBusted Cease And Desist
Message:
To whom it may concern,

Please be advised that Townsend Music (Acting on behalf of Merch Cargo Limited) have the exclusive right to license and sell goods with McBusted trademark.

We have discovered that you are involved in the sale of merchandise bearing the McBusted trademark which you are selling on Amazon UK. Demand is hereby made that you immediately cease and desist the sale of said merchandise immediately.

In addition, further demand is made that you forward to me the following:

1) All your present inventory of the aforesaid infringing merchandise and advertising and promotional mater relating to said merchandise,

2) A written statement of the total number of units of such merchandise you have sold to date and the total GBP amount you have received from such sales, and

3) A complete and accurate list of the names and addresses of all parties that have supplied you with and to whom you have sold merchandise and all documents relating thereto.

I look forward to your immediate response. This letter is written without prejudice to any of our client rights or remedies under the law.


Kindest Regards,

K**** I****
Client Account Manager

Office:***** ******
Mobile: ***** *****
Email: [e-mail address removed]
Web: http://www.townsend-music.com
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Re: Yea.. Cease and Desist Letters for the New Year!

Post by mcarp555 » Thu Jan 01, 2015 3:05 am

I haven't seen any in a long while, but the best thing to do is write 'em back and inform them that it's an Amazon affiliate site, and they supply and ship all the product displayed. Contact Amazon if they have a problem with it. The whole point of letters like this is to bare the teeth and growl a bit, hoping to intimidate the recipient.

Besides, it looks like they're confusing you with third-party sellers on Amazon (who may indeed be infringing upon McWhozit's trademark). That's still Amazon's problem, not yours.
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SWalker1
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Re: Yea.. Cease and Desist Letters for the New Year!

Post by SWalker1 » Thu Jan 01, 2015 9:18 am

mcarp555 wrote:I haven't seen any in a long while, but the best thing to do is write 'em back and inform them that it's an Amazon affiliate site, and they supply and ship all the product displayed. Contact Amazon if they have a problem with it. The whole point of letters like this is to bare the teeth and growl a bit, hoping to intimidate the recipient.

Besides, it looks like they're confusing you with third-party sellers on Amazon (who may indeed be infringing upon McWhozit's trademark). That's still Amazon's problem, not yours.
I completely agree. I actually did the exact thing.
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Re: Yea.. Cease and Desist Letters for the New Year!

Post by jquarta » Fri Jan 02, 2015 5:53 am

Another way to explain this to attorneys is what they are seeing on your site is strictly advertising from Amazon.com! They should inform their clients that they are actually going after Amazon.com to cease carrying and advertising their products! Also tell them you can recommend to Amazon.com that they stop advertising and carrying their products, which in turn will stop them advertising on your site! This usually gets the attorneys thinking deeper!

Joe....
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SWalker1
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Re: Yea.. Cease and Desist Letters for the New Year!

Post by SWalker1 » Sat Jan 03, 2015 5:23 pm

jquarta wrote:Another way to explain this to attorneys is what they are seeing on your site is strictly advertising from Amazon.com! They should inform their clients that they are actually going after Amazon.com to cease carrying and advertising their products! Also tell them you can recommend to Amazon.com that they stop advertising and carrying their products, which in turn will stop them advertising on your site! This usually gets the attorneys thinking deeper!

Joe....
Good idea, but I also mention that to the manager of the website too. The manager also tries to convince me to join their affiliate program by saying that they have a very successful affiliate program :?

Either way, I'm going to hear back from Amazon on their investigation.
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