(August _____, 2020
BY E-MAIL AND OVERNIGHT MAIL
Re: Cease and Desist for Violation of 你的公司名称.’s Valuable and Proprietary Rights
and Tortious Interference by ____跟卖者公司名称/店铺名称______________________
To Whom It May Concern:
你的公司名称operates a storefront on Amazon.com (collectively referred to as “你的店铺名称”). We are writing to you to DEMAND that your Company ___跟卖者公司名称/店铺名称_________ IMMEDIATELY CEASE AND DESIST from conduct which constitutes serious violations of你的店铺名称’s valuable and proprietary rights and TORTIOUS INTERFERENCE with its commercial activity through our Amazon.com storefront.
你的店铺名称 is an Internet sales and marketing organization, in association with Amazon.com. 你的店铺名称 sells and markets merchandise through Amazon.com storefront.
In its promotion and advertisement of such services, 你的店铺名称 uses the mark and its numerous proprietary product brands, which is currently the subject of US Trademark and Copyright protection, in additional to contractual protection through Amazon.com.(collectively, the “你的店铺名称 Marks”). 你的店铺名称 has expended substantial resources in establishing, developing, and promoting the 你的店铺名称Marks, as well as its reputation as a leading provider of merchandise and services.
你的店铺名称 has developed its business model as a whole, according to, and to ensure compliance with, the federal copyright and trademark laws, and its contractual relationship with Amazon.com, pertaining to sale of its products and services.
B. Violation of你的店铺名称’s Valuable Rights
Recently, 你的店铺名称became aware of the listing of your products on our exclusive, branded and proprietary listing on Amazon.com.
The current manner which your Company has listed and hyperlinked your sales website/storefront on Amazon.com has intercepted (i.e. “Hijacked”) sales of你的店铺名称’s products and services.
你的店铺名称’s storefront on Amazon.com, expressly prohibit conduct of the type undertaken by your Amazon.com storefront: 跟卖者的店铺链接________________________________.
Your Company prohibited and shall not insert, list or display any interactive hyperlink or other listing on the __你的店铺名称store front name_________at Amazon.com.
Further, users may not use any ‘bot’ or other automated repetitive or interactive mechanism or the like to gain any sort of benefit from你的店铺名称Amazon store front or any of its business affiliates.
The product listing of _________________________________________ hyperlink on the 你的店铺名称 storefront on Amazon.com has the capability to enable confusing and deceptive searches of 你的店铺名称’s products and services. This activity constitutes a clear violation of 你的店铺名称’s trademark, copyright and results in tortuous interference.
你的店铺名称 has identified your violation of the Amazon.com terms of service and violation of its proprietary rights. The violation is listed in “Schedule A”attached hereto.
2. Infringement of the你的店铺名称Marks
As you may be aware, trademark laws prohibit the use of proprietary marks in a manner that is “likely to cause confusion, or to cause mistake, or to deceive.” 15 U.S.C. * 1114(1)(a).
By creating an association between your storefront and 你的店铺名称’s storefront on Amazon.com, you are causing confusion as to the ownership of the storefront and true vendor identity on Amazon.com.
3. Tortious Interference and Unfair Competition
The hyperlink of your Company’s website and Amazon.com storefront on你的店铺名称’s storefront permits unauthorized direct access to你的店铺名称’s Amazon.com storefront and interferes with你的店铺名称’s sale and marketing activity. Your Company is tortiously interfering with contractual relationships between你的店铺名称and its current and potential customers, and engaging in unfair competition.
Your Company’s acts constitute tortuous interference with 你的店铺名称’s relationships with its customers. 你的店铺名称 has paid substantial consideration to advertise products and services on Amazon.com. This activity jeopardizes 你的店铺名称’s ability to generate sales revenue for its site in the future.
C. Immediate Action Required
你的店铺名称DEMANDS that you immediately remove the product listing, your hyperlink, marketing information and cease all sales on or through the 你的店铺名称 storefront with Amazon.com.
You must respond to us in writing no later than 6:00 p.m. EST on __________, August 5, 2020.
你的店铺名称has notified its attorney and Amazon.com concerning the matter.
If this matter is not resolved promptly, 你的店铺名称will take any and all necessary steps, including retaining legal counsel for filing of suit, to protect and vindicate its valuable rights. We consider the actions of your organization to be a serious violation of law. 你的店铺名称will seek any and all damages (including lost sales and profits), its legal expenses and costs.
Very truly yours,
cc: 律师名称 to你公司名称; Amazon.com