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Tre Milano v. Amazon complaint

Tre Milano v. Amazon complaint

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Published by Eric Goldman

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Published by: Eric Goldman on Jun 25, 2011
Copyright:Attribution Non-commercial

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06/25/2011

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FIRST AMENDED COMPLAINT
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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:
INTRODUCTION
1.
 
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)
and 
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.
 2.
 
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
 
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FIRST AMENDED COMPLAINT
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damages resulting from the Defendants’ repeated sales of infringing counterfeit “InStyler” products inviolation of Tre Milano’s well-established trademark rights.
PARTIES
7.
 
Plaintiff Tre Milano, LLC (“Tre Milano”) is a limited liability company organized andexisting under the laws of the State of California. Tre Milano is registered to do business in Californiawith the California Secretary of State. Tre Milano’s principal office is located in Los Angeles County.Tre Milano owns the trademark rights to the “InStyler” line of hot irons and imports and sells suchirons throughout the United States.8.
 
On information and belief, Defendant Amazon.com, Inc. is a Delaware corporationwith its principal place of business in the State of Washington. On information and belief, DefendantAmazon.com, Inc. is responsible for the operation of the Amazon.com website.9.
 
On information and belief, Defendant Amazon.com LLC is a Delaware limitedliability company with its principal place of business in the State of Washington. On information andbelief, Defendant Amazon.com LLC is responsible for sales on the Amazon.com website of productsowned by Amazon.com, Inc.10.
 
Upon information and belief, Defendant Amazon Services, LLC is a Nevada limitedliability corporation with its principal place of business in the State of Washington. On informationand belief, Defendant Amazon Services, LLC operates the “Amazon Marketplace” services of Amazon.com whereby the Amazon.com website sells products technically owned by third partiesrather than by Amazon.com itself. Defendants Amazon.com, Inc., Amazon.com LLC and AmazonServices, LLC are collectively referred to herein as Amazon or Amazon.com.11.
 
Upon information and belief, Defendant “Success Store” is an entity that purports tosell “InStyler” products via the Amazon.com website. The exact name and nature of “Success Store”is not known to Tre Milano and Amazon has refused to release any information about the exact nameand nature of “Success Store.” Upon information and belief, the purported “InStyler” products soldby the “Success Store” via the Amazon.com website are counterfeit.12.
 
Upon information and belief, Defendant “Perfectchoice” is an entity that purports tosell “InStyler” products via the Amazon.com website. The exact name and nature of “Perfectchoice”

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