Brooklyn man seeks $10 million from Amazon over alleged termination of seller accounts

By Noddy A. Fernandez | Jan 16, 2019

BROOKLYN, N.Y. (Legal Newsline) – A Brooklyn man alleges Amazon terminated some of his store accounts to eliminate competition in trade and commerce.

Jacob Kellner and I&L Distributing Inc., doing business as Finemodimports, Bisyatta, Disignermodern, DesignerLife, Designerseating and ExcIusivemod, filed a complaint on Jan. 8 in the U.S. District Court for the Eastern District of New York against Amazon for allege violation of the Sherman/Clayton Act.

According to the complaint, Kellner is the president and CEO of I&L and was accepted by the defendant to be an authorized seller through the Amazon website.

The suit states in 2018, the defendant terminated the plaintiffs' Bisyatta online store, which primarily sold toys, allegedly without cause. The plaintiffs allege the defendant later began selling the plaintiffs' property under its own brand and name.

The plaintiff also alleges his Finemodimports account was also terminated after an erroneous trademark/patent violation claim was filed.

The plaintiffs hold Amazon responsible because the defendant allegedly engaged in a pattern and practice of monopolistic and nefarious conduct against the plaintiffs.

The plaintiffs request a trial by jury and seek judgment in the amount of $10 million for actual damages; together with punitive damages; court costs; interest; attorney fees; injunction to restore the plaintiffs' accounts; and an order for the defendant to cease and desist all anticompetition, trade, unfair practices and deliberate interference. They are represented by Vincent Spata of Law Office Vincent F. Spata in Brooklyn, New York.

U.S. District Court for the Eastern District of New York case number 1:19-cv-00131-BMC

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Law Office Vincent F. Spata U.S. District Court for the Eastern District of New York

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