Understanding your options as an Amazon seller accused of a rights violation includes learning about what a notice of preservation is, how to use it, and the risks associated with this document and threatening litigation.
A notice of preservation is a letter that can be sent to the complainant in the event that your Amazon seller’s account was suspended due to a rights violation, trademark infringement, or other accusation.
This letter requests that any electronically-stored information be preserved in anticipation of future litigation.
If an Amazon seller reaches out to a rights owner, and they do not respond, that seller can file this letter as a way to let them know they are pursuing further action. As a seller who has received a complaint from a rights owner, you could submit this notice of preservation to the complainant directly.
This letter is a means of letting the accuser know that Amazon will be required to preserve their documents in ESI, or electronic storage information, in the event that litigation requires them to retrieve it.
This approach has been successful in the past at our firm. We submitted a notice of preservation to the supposed rights owner in one case, and the rights owner responded almost immediately, retracting their complaint immediately as well. This type of document does have a track record of success, but you may need to anticipate litigation before submitting it. This leads me to a cogent detail:
Threatening rights owners is indeed a dangerous game. If litigation is not a viable or affordable option for your business, then carefully consider whether sending a notice of preservation is the right approach. A lot of sellers deal with rights owners on their own before they pursue representation. This is sometimes the right thing to do, but can often lead to hostilities that could have been avoided.
As a small or medium-sized business owner, risking litigation is likely not the best solution for resolving your conflict. Other channels for communication should be considered like submitting a Plan of Action to Amazon or simply reaching out to a firm to discuss your situation first. Ultimately, if you anticipate receiving litigation based on sending a notice of preservation, and you are not fully prepared to go to court, it may have been prudent to not send the letter in the first place.