Today we are talking about an interesting commercial law case discussed at the Frankfurt am Main Higher Regional Court (Order of 18.03.2021
– 6 W 8/18 -).
The case: Offers on Amazon.de
Amazon.de generally uses an algorithm to arbitrarily illustrate products, so that if for instance an unpacked printer cartridges is offered, this could appear to the possible buyers with the illustration of an originally packed cartridges. It is reasonable to expect traders to regularly check an offer that has been posted for a longer period of time to see whether infringing changes have been made. In principle, a trader could be expected to regularly check an offer that had been posted for a longer period of time to see whether infringing changes had been made.
In the present case, the defendant had failed to comply with this duty of examination in a reproachable manner. If the defendant had regularly checked its offer after it had been posted them, it would have noticed that not only the offer for unpackaged goods uploaded by it appeared next to its offer, but also the images of other traders. This should have been prompt to delete – at least under this ASIN.
In the present case, an administrative fine of €500 was to paid by the defendant.
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