A lawyer for an India-based technology company argued in front of a second circuit panel Tuesday that sellers should be able to sue Amazon in cases involving the alleged sale of counterfeit products through the online retailer.
M. Bradford Randolph told the three-judge panel reviewing the dismissal of a district judge in The One Technologies LLC's case for selling cell phone chargers that the arbitration clause in Amazon's Business Solutions Agreement (BSA) with sellers does not apply because The allegations in this case relate to the use of The One's trademark by an Amazon affiliate.
