Hi in November Mary Kay sent me a cease and decease letter via their attorneys Voyers Seamore and Slate, in an email format in amazon server the email was about trademark infringement and such telling me to stop or i will face legal action well Ii marked it off as fake because it was address to my store front name… It gave me a time frame to do this by, date passed, I was not worried… then I got one in December I was worried a little as I was not for certain if it was legit or not… I contacted amazon and they told me not to worry I contacted amazon legal team and they never relied back via phone numbers i called and left messages… now on the 24th I received a physical letter addressed to my name and included my address and they stated they bought of my ebay store (im sure they meant amazon because I do not do ebay) well… they also included amazon…in the letter however my assistant seems to think i need to seek a lawyer about this typo!!
The letter pretty much states they would take me for
copy right/ trademark infringements
wrongfully selling when I am not a consultant
hurting their brand name because i do not have the classes/ training a consultant would and I do not offer the 100% customer satisfaction money back guarantee
they admittedly bought from my amazon store to obtain my name/ location, letter was not signature needed which is surprising
I have actually spoken to an attorney, but I am waiting to officially hire him as I chose a rather lager firm for this matter… I have contacted amazon and they told me I do not own the listings they do pretty much and they are forwarding it to LEGAL TEAM and requested my papers i got in the mail to proceed ( from what i understood they broke a policy of amazons by mailing me a document stating they were going to take me to court unless i quit selling immediately and gave up my sources of supplier… here is what amazon rep told me today… when I requested after 24 hour no reply from amazon legal team… note this is an amazon rep… telling me this…and I am pretty sure this protects me if they were to take me to court as my employer has told me not to worry and dismiss this…what do you think of this ??? should i proceed to cancel my account and reopen under a address like a po box and just use my name or should i not go through that hoopla and listen to amazon.
here is what the amazon rep said to me (copy pasted)
Thank you for your time and patience.
I receive an update from our concerned team regarding another seller informing you to stop selling Mary Kay brand. Kindly note that you are approved to sell items that are under brand “Mary Kay”.
I would like to inform you that we have clearly specified in the Amazon Services Business Solution’s Agreement, sellers grant Amazon the rights to all products they upload to our Web site. Amazon respects a manufacturer’s right to institute policies and rules to manage and control the distribution of its products. However, Amazon considers the enforcement of these policies and rules to be a matter between the manufacturer and the retailers.
Please be advised that no other person can ask seller to pull down their listings from Amazon website. If they feel that other sellers should not be listing their products, they will have to contact Amazon directly in this regard.
In this case, you can request them to contact Amazon directly regarding selling items under brand “Mary Kay”.
I would like to confirm again that you are allowed to sell items under brand “Mary Kay”. You are not causing infringing in any way. You can certainly continue selling these items.
If the seller contacts us:
If the seller contacts us regarding this and provides the proof that he is the copyright holder and only he has the authority to sell this brand, our concerned department will inform you to remove the listing.
Currently, you are eligible to sell products under brand name “Mary Kay”.
I hope my assistance was helpful and if there is any further assistance required or if I have missed out to provide any information, please reopen the case by clicking the below link and give me another opportunity to serve you better:
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-----What are your thoughts ?? Have any of you had this happen with your brands is my selling amazon listings of Mary Kay protected by the fair trade act??
Edited by: txcosmeticsqueen on Jan 28, 2017 1:09 PM