Their T/C will have to proof that this seller was indeed selling counterfeit items. The seller has a good chance of winning this case especially given the fact that they are requesting a grand jury.
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They won't have to prove anything. Im sure amazon have there terms worded so they can suspend an account that they "Suspect" sells phakes. Plus the seller alleges amazon are colluding with apple, something they would,have to prove. Amazon might settle but I doubt it as this would open them up to others using them. This will go no where fast.
If Apple requested AZ to remove listing, then Apple will be the culprit. The seller has a good case. The seller is saying, their items are genuine, if Apple or AZ disputes that, then the burden of proof rests on them. It will be an interesting litigation, I will follow this closely.
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These monsters (eBay and AZ) are dictators, this does not exist in a court of law. They will have to face it off. A settlement is the least I can expect from this case.
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What we all forget this selling platform is owned by amazon and there T&T allows them to dictate who sells on there or who does not.
A lot of you seem to slag amazon, but at the end of the day where would you sell if amazon was not there.
These monsters (eBay and AZ) are dictators, this does not exist in a court of law. They will have to face it off. A settlement is the least I can expect from this case.
You appear to be confusing passion with knowledge.
Dictators rule countries.
The selling platforms you deride have legislated laws in different countries to use for their end means.
That is their powers.
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It outlines exactly what happened, and how AZ followed Apple's request.
Then Apple rescinded their f@ke notice to AZ, but AZ would not allow H2F back on the site (even though AZ said in writing that H2F would be allowed back onto site).
The court document has many interesting tidbits in it that AZ would not normally want out in the open.
That's the main reason I posted it. For some insight into the world of AZ.
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AZ getting sued 
