Counsel for an India-based tech company argued to 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 a district judge’s dismissal of The One Technologies LLC’s case—over the sale of cell phone chargers—that the arbitration clause in Amazon’s Business Solutions Agreement (BSA) with sellers doesn’t apply because the allegations in the case involve an Amazon affiliate’s use of The One’s trademark.

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