Amazon’s fight to protect the intellectual property of its sellers is known internationally thanks to projects such as Transparency and IP Accelerator. However, these protection systems could be misused to harm legitimate retailers, or so claims WhoIsCamera.

The seller has sued Swedish brand Fjällräven for abusing Amazon’s intellectual property claims system to eliminate price competition in what it describes as “greed disguised as brand protection.”

The seller explains that these are legitimate products that are obtained from other authorized distributors and then sells them on Amazon at more competitive prices than competitors, allowing buyers to purchase original products at cheaper prices.

“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.

WhoIsCamera explains that it has offered more than 70 brands on Amazon and sold 500,000 units of products to customers, but Fjällräven has been the only IP owner who has filed a complaint for the “alleged counterfeiting of its products”.

What’s more, the merchant says that the Swedish brand’s complaints began when it partnered with Netrush in the spring of 2019. Netrush is a “retail/agency hybrid” that partners with brands to sell their products on Amazon and offer brand compliance services.

Following the partnership, the Swedish company gave WhoIsCamera a “deadly blow” by submitting 16 intellectual property complaints that led to its expulsion from the platform.

The opinions expressed in Brands+ Intelectual Property Newsare the sole responsibility of their authors and may not coincide with those of the media.

Sofia Vanoli