Tech legal expert Eric Goldman wrote that a victory for the plaintiff could be considered “a dangerous ruling for the spy cam industry and for Amazon,” because “the court’s analysis could indicate that all surreptitious hook cameras are categorically illegal to sell.” That could prevent completely legal uses of cameras designed to look like clothes hooks, Goldman wrote, such as hypothetical in-home surveillance uses.
Nowadays it’s hard to tell the difference between Amazon and Ali Express. Even if it’s a third-party dropship business selling through Amazon, it’s still Amazon doing the listing, selling, and transaction processing.
Even if you argue that the same store can sell stuff elsewhere, Amazon is still the one selling those. At best, you’d need to argue that after hitting Amazon, other stores should follow.