Cease and desist letter
I have a single Jabra set of headphones listed, not even in new condition but used (currently over 30+ other used sellers).and today was shocked to receive in the post a ‘Cease & Desist’ letter telling me I’m not allowed to sell it on Amazon and asking me to remove it within 7 days! WTF!
Can they do this, and particularly on a used item? And why write direct to me and not file it with Amazon if they believe I’m not allowed to sell it? Anybody else experienced this with Jabra or similar, especially on a used item?
21 replies
Seller_hC0hNVDuILaKO
For one single set of used headphones do you even want to run the slightest risk of them following through?
If this was a main line item then obviously fight it, but for a one offf, go to ebay with them.
Seller_qZO3ZCjoBXEeL
Legally, no they cannot prevent you selling them. How much trouble could they cause with Amazon on the other hand…?
I’d take the safe road as @Adrian advises if it isn’t causing you too much problem.
Seller_ZPjajjMXjCNQH
yup not worth the fight and risk for one used item
Seller_MKi6wqe68YZuu
Sell them on a well known and less litigious auction site instead.
Seller_XrsxyuONn8r2w
i’d remove the item from sale but challenge them over it.
Seller_Mw5QFPAFy4kHS
Once a pair of headphones have been sold, the rights to tell you what to do with them have been given up by the company. An IP solicitor has told me this.
However, as has been advised, whats the point over 1 pair of used headphones. Don’t even bother my friend.
Seller_l78koE9kGCu59
How do you knpw the other 30+ sellers haven’t also gotten the same.
I once got contacted by a lawyer in the UK claiming to be from Lego and told me the same on another site. The letter (emailed) told me to remove a dozen or so listings.
I answered politely but firmly arguing my point - that I (wrongly) believed to be valid. All I got was a repeat and then nothing. All smug I thought “yeah nice try loser”. 3 weeks later my account was suspended and took months to get back and only then by pleading with the other guy to literally write to the marketplace in question on my behalf. He actually did (so lucky!!) and I got an email to say that was my chance, my one chance.
It’s one item as the others have said - I wouldn’t have put a seconds thought into it.
Seller_THte9Ti6D9kqC
It is actually european law that you’re allowed to resell new & used items even if copyright holder insist otherwise.
We’ve defended a number of these from Samsung, Sandisk and Bose but we did have to provide serial numbers of the items and proof that the items were purchased within EU and they are not parallel import
But I would still be careful
Seller_Rds42gzScDQFa
Is the letter definitely from a legal entity? I’d Google them and contact them if it shows the address is of a legal firm and ask if they sent it. It could be someone is trying it on to scare you and has sent the letter using the firms name and address.
Seller_xUKHc5xSYJmI4
If I received a communication via Amazon messages, I would ask the person to send the communication in writing to the registered business address on letterhead paper, full name, department and contact telephone number so you can take legal advice on the matter.
If it is a genuine issue the person or entity will communicate on a letterhead paper.
I have read on the forum some sellers receive communications claiming to be from a legal department. Before sending such communication they should be aware of the following:-
“Any unqualified person who wilfully pretends to be, or takes or uses any name, title, addition or description implying that he is, qualified or recognised by law as qualified to act as a solicitor shall be guilty of an offence…” (section 21, Solicitors Act 1974 )
