FIRST AMENDED COMPLAINT
Plaintiff Tre Milano, LLC (“Tre Milano”), by and through its undersigned attorneys, alleges uponknowledge as to itself and upon information and belief as to all other matters as follows:
This case arises from the
sale of shoddy and dangerous counterfeit electricalappliances by and through the Amazon.com website
, including both sales through the “AmazonMarketplace” (which are purportedly “guaranteed” by Amazon)
sales by Amazon.com as a directseller. Despite the repeated objection of Plaintiff Tre Milano, Amazon has continuously supportedand engaged in such counterfeit sales. In fact, as detailed below, such sales are rampant on theAmazon.com website for the simple reason that
Amazon essentially operates as a laundering service for the sale of counterfeit goods.
Tre Milano owns and markets the immensely popular “InStyler” line of rotating hothair irons. Like virtually all other commercial intellectual property rights holders, Tre Milano hasbeen hard-hit by the plague of counterfeit and pirated products.3.
Counterfeit goods are typically characterized by shoddy workmanship and inferiormaterials and components. This is especially problematic with respect to appliances such as theInStyler, a sophisticated electronic device that can reach 400 degrees Fahrenheit during operation.4.
Accordingly, Tre Milano is engaged in a continuous effort to keep fake and counterfeit“InStyler” items from reaching the public. Tre Milano has increasingly been concerned that thecounterfeits available through websites like Amazon.com are not only illegal but have the potential toinjure or maim customers.5.
Indeed, Tre Milano recently learned that some of its deepest concerns have beenrealized. A week and a half after Tre Milano specifically objected to Amazon.com about the sales of counterfeit “InStyler” products by the “Success Store,” a consumer purchased a counterfeit “InStyler”iron from the “Success Store” on the Amazon.com website, mistakenly believing the product to be anauthentic InStyler. After minimal usage, the shoddy wiring in the counterfeit product exploded whilethe product was in use.6.
Tre Milano brings this action primarily to seek an injunction against any further salesof counterfeit “InStyler” products through the Amazon.com website. In addition, Tre Milano seeks