Amazon TIPS: What to Anticipate When Proceeding w/ Litigation as an E-Commerce AMZ Seller

Okay, Amazon sellers. I'm going to talk to you a little bit about litigation and specifically where do you sue. If you got to sue somebody, where do you actually file that case?

There are three factors to really consider. One is jurisdiction. Jurisdiction means, "Does the court have power over the party that you want to sue?" The next factor is venue, number two. Venue is which courthouse or which state are you going to bring it in? Usually, Amazon sellers are suing people in federal courthouses, but you got to pick which venue, which specific courthouse you're going to bring the lawsuit in. So you have to have proper jurisdiction so you have power, proper venue.

And then I really want you to think about the third factor, which I think is the most important, and it really is the logistics. You want to make sure that not only do you pick a court that has jurisdiction over the other side, that has as a venue that's appropriate, but think it through a couple of steps ahead. Where can you sue that defendant to limit the extent of litigation? Because let's say you have every right to sue the other side in the federal court in your home state. It's more convenient to you. That other seller or that brand is selling products in your state. So you've got jurisdiction. You can bring it in that venue.

But the other side might bring a motion to dismiss and ask the court to transfer it back to their home court. Now, I don't really think it matters which state you sue in, as long as you're on the same level. Of course, you don't want to sue Amazon in the federal court in Seattle. They're just too powerful politically. But it might be in your interest to sue the other side where they are located, because if you do that, they can't go to court and argue that it's inconvenient, there's a Latin term that addresses that, or that the court lacks power over them.

So if you are going to proceed with litigation, you want to make sure you are doing it as efficiently and strategically as possible. And which courthouse you choose to file in is sometimes a really, really important decision.

So you want to learn more about cases that we have handled? Go to our blog. Put in the term litigation. If you want to learn more about specific areas of law, we have our book Copyright Law for Amazon Sellers, Trademark Law for Amazon Sellers. And we even wrote a book, if you're sourcing in China, on Chinese intellectual property law for Amazon sellers.

And of course, the only book of its kind available anywhere, The Amazon Law Library, where we picked apart hundreds of cases where Amazon was a party, so we could identify what they argued and then use it against them when we go against Amazon.

Thank you for watching this video. Please like it. Please share it. Please make sure you have subscribed to our YouTube channel.

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