A third-party seller has accused Swedish outdoor clothing company Fjällräven of misusing Amazon.com’s IP complaint system to eliminate price competition.
In a complaint filed on Monday, December 23, at the US District Court the Southern District of New York, WhoIsCamera claimed that the case is about “greed disguised as ‘brand protection’”.
“Plaintiff brings this antitrust action following its commercial and financial ruination resulting from defendants’ successful conspiracy to exploit Amazon’s notice infringement protocols and thereby eliminate price competition—specifically, defendants’ libellous statements to Amazon predictably causing plaintiff’s expulsion from the Amazon marketplace,” said the claim.
The seller said it has routinely listed around 70 brand names on Amazon.com, and sold more than 500,000 units of product to customers. Fjällräven is allegedly the only IP owner to complaint to Amazon of counterfeiting on these products.
WhoIsCamera said that, as a direct result of IP complaints, its “once-thriving Amazon business is now a remnant of its former self”.
The claim alleged that Fjällräven only began complaining about WhoIsCamera’s sales when it came under Netrush’s influence in spring 2019. Netrush is a “retailer/agency hybrid” (according to its website) that partners with brands to sell their goods on Amazon and provides brand compliance services.
After this point, the Swedish company reportedly dealt WhoIsCamera a “death blow”, filing 16 IP complaints for Fjällräven products. WhoIsCamera was subsequently expelled from the Amazon platform.
Source: World Intellectual Property Review
