Can I Send a Cease and Desist to a Dropshipper Selling Fake Versions of My Product?
Yes, you can send a cease and desist to a dropshipper selling knockoffs of your product in California. Here's how it works, what it costs, and when it's worth it.
Short answer: Yes. A cease and desist letter citing the Lanham Act and California Bus. & Prof. Code § 17200 is one of the most effective tools against dropshippers specifically, because their margins are thin and their legal budgets are zero. Most fold within 2 weeks of receiving the letter.
The economics of dropshipping make this fight asymmetric — in your favor.
A dropshipper selling knockoffs of your product typically earns $3-$15 per unit. An attorney letter costs them nothing to comply with (just remove the listing) but somewhere between $5,000 and $50,000 to fight in federal court. That math resolves itself.
Why dropshippers are easier targets than manufacturers
Manufacturers have inventory, lawyers, and reasons to fight. Dropshippers have a Shopify store, an AliExpress supplier, and a profit margin that vanishes the moment litigation becomes a possibility.
> Lanham Act, 15 U.S.C. § 1125(a) — Anyone who uses a false designation of origin or misleading description in commerce can be held liable for damages, attorney's fees, and profits. This applies to sellers even if they didn't manufacture the counterfeit goods.
A cease and desist to a dropshipper typically demands 3 things: remove all listings, provide a full accounting of units sold, and confirm in writing that sales have stopped. The letter cites potential statutory damages under the Lanham Act (up to $2 million per counterfeit mark for willful infringement) and California's unfair competition statute.
The dropshipper reads that number. The dropshipper removes the listing.
What if the dropshipper ignores the letter?
About 20-30% do. Here's the escalation path:
| Step | Timeline | Cost | |------|----------|------| | Attorney cease and desist letter | Day 0 | $150-$500 flat fee | | Report to platform (Amazon, Shopify, Etsy) with letter as evidence | Day 14 | Free | | File DMCA takedown for stolen images/text | Day 14 | Free | | File complaint in federal court (if damages justify it) | Day 30+ | $5,000-$15,000 |
Most cases never reach step 4. The platform report plus the attorney letter is enough. Shopify in particular has a repeat infringer policy — 2 valid complaints and the store gets permanently suspended.
When a C&D letter isn't enough
If the counterfeiter is a manufacturer (not a dropshipper), operates overseas, or has significant revenue, a letter alone won't work. You may need a temporary restraining order (TRO) from a federal court, which can freeze their assets and force platforms to remove listings immediately.
California federal courts issue TROs in trademark cases regularly. The filing fee is $405, and the hearing typically happens within 14 days of filing.
Keep Reading
- Cease and Desist Letters for Ecommerce Sellers Facing Counterfeit Goods
- How Much Does It Cost to Hire a Lawyer in California?
- What Is a Trademark Cease and Desist Letter and When Does It Work?
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This article is general information only and is not legal advice. Consult a licensed attorney for advice specific to your situation.