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Author Topic: Sending a cease and desist to a counterfeit-seller directly from the company  (Read 893 times)


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Is this a bad idea?  Is it likely that the infringer will just ignore it, or even take down the counterfeit merchandise and refuse further communications?  We would like to get sales and distributor information and may pursue damages eventually.

The infringer is a large sales website based in California.  They are not fly-by-night (even though they mostly sell dime-store crap).

Is it necessary to list every single item and a reason we know it is counterfeit, or can we just assert that the items are fakes?

The counterfeit-seller has dozens of products listed under our brand name.  Nearly all are blatant counterfeits (we have never manufactured anything with the features shown, although they are the same general product type as ours, just as a Yugo is the same general product type as an Acura).  Three might be genuine but appear to be a counterfeit we are familiar with.  The difference is very subtle and we can't be certain without a test buy, but because all the others on the site are counterfeit and we believe these are too, we would like to include them in the list.

Can we demand a list of buyers so that they can be notified that the products are counterfeits?  We don't want our reputation damaged.  We're familiar with the products that they are selling under our name, and they are bottom-tier garbage of a design that we have never made because it's so low-end.

Robert T Nicholson

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« Reply #1 on: 02-21-17 at 01:21 pm »

The potential impact on your business is too great to mess around.  You need to take action quickly.  The scope and complexity of the questions you are asking are well beyond the information that you can get from an online discussion forum.

This post is provided for information purposes only, and does not constitute legal advice.

Robert Nicholson Consulting | Copyright Safeguard | ED Treatment Center


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