Can we retain a lawyer and send Cease and Desists?

UPDATED: Sep 30, 2022

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Can we retain a lawyer and send Cease and Desists?

We own a USA company. We have a contract in place with a LARGE Chinese company,
to be the sole distributor of a product in the USA.

We have just found out that another company here in the USA are selling the
product, and are buying it direct from the Chinese company.

As we have a sole distributor contract signed by the chinese company, is that
good enough to hire a lawyer for, and have cease and desists etc, sent out?

Asked on April 7, 2016 under Business Law, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Actually, you can't require the U.S. company to cease and desist: your contract with the Chinese company does not bind or obligate the U.S. company, because it is not a party or signatory to that contract. (Contracts only bind those are parties to them.) Your recourse would be to send a letter to, and if necessary, take legal action against, your Chinese supplier for violating its agreement with you and selling to somone else; the supplier is bound by the contract it entered into with you.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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