The law firm Rosenbaum Famularo, P.C., which solely focuses on helping people and companies that sell products on Amazon, filed the lawsuit after months of failed negotiations. The case was filed in the Southern District of New York, the federal court in New York City.
The lawsuit claims that the NFL Players Association and Dallas Cowboys Merchandising abused Amazon’s complaint system. That the NFL Players Association and Dallas Cowboys Merchandising knew that the jerseys being sold on Amazon by Jersey World were genuine because they were originally bought from Dallas Cowboys Merchandising and their official distributor, Outerstuff.
“US Law protects the buying and re-selling of genuine products with or without the NFL’s or the Dallas Cowboys’ permission. The ‘First Sale Doctrine’ protects small businesses and also allows consumers to get better prices than brands might want,” says CJ Rosenbaum, a partner of the firm that started the lawsuit. “Amazon Sellers are strong and resilient. Amazon Sellers can stand up to Big Brands.”
The lawsuit states that the NFL / Dallas Cowboys were made aware that the products were genuine before and after they asserted the false complaints. Yet, the NFL and Cowboys made and maintained their complaints and have not resolved the damages suffered.
Jersey World said it has been buying and reselling genuine sports memorabilia for decades from its Michigan storefront and more recently online.