• Mehr als 3 Millionen Wörter Inhalt
  • |
  • info@itmedialaw.com
  • |
  • Tel: 03322 5078053
ITMediaLaw - Rechtsanwalt Marian Härtel
Warenkorb
Plugin Install : Cart Icon need WooCommerce plugin to be installed.
  • en English
  • de Deutsch
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
Kurzberatung
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
ITMediaLaw - Rechtsanwalt Marian Härtel
Home Online retail

Amazon merchant is responsible for automatic assignment of merchandise images of other merchants to its offer

7. November 2022
in Online retail
Reading Time: 2 mins read
0 0
A A
0
elektronischer handel
Key Facts
  • Amazon uses a program algorithm that randomly selects stored images, which can lead to misleading offers.
  • The Higher Regional Court of Frankfurt am Main imposes a fine of €500 on a retailer for breach of inspection obligations.
  • The retailer used a picture of an original toner kit for her unpackaged offer, which was considered legally problematic.
  • Although the retailer claimed to be ignorant, it was proven that she had breached the duty to inspect.
  • The obligation to cease and desist could not be discharged by the assertion that the image selection was automatic.
  • Retailers must regularly check their offers in order to recognize and prevent infringing changes.
  • The court considered the fine imposed to be appropriate and sufficient to punish the breach of duty.

Offers on amazon.de are arbitrarily illustrated from all deposited pictures by a program algorithm of Amazon, so that an offer can appear unpacked printer cartridges with the picture of original packed cartridges. It is reasonable to expect merchants to regularly check an offer that has been posted for a longer period of time to see whether infringing changes have been made. The Frankfurt am Main Higher Regional Court imposed an administrative fine of €500 on a trader for breach of this duty of inspection.<

The parties in this legal dispute are competitors and offer printer toner and ink on amazon.de. In the past, the defendant had attached itself to an offer of the applicant for an original toner kit with corresponding pictorial representation when advertising its printer toner without original packaging. It was prohibited from doing so by a temporary injunction issued by the Hanau Regional Court.

The applicant now requests that a substantial fine be imposed on the respondent for breach of this obligation. The defendant invokes a breach of the cease-and-desist obligation through no fault of its own. She would submit an image of a toner without the original box with the correct ASIN for her product “original neutral unboxed” when posting her listing on Amazon.

Nevertheless, the image changes, so that at one time the image inserted by her can be seen, while at a later time an image of a toner with original cardboard can be seen. Merchants would deposit images with Amazon, which the system would select arbitrarily. She had only now learned this through a chat with Amazon.

The Regional Court had rejected the application for an order. The appeal was successful before the OLG. The defendant culpably violated the obligation to cease and desist. It had again attached itself to pictorial representations of the manufacturer’s original packaging with offers for unpackaged printer cartridges.

Their reference to the fact that the allocation of the image of originally packaged cartridges to their offer was made arbitrarily by Amazon’s program algorithm without their intervention does not exonerate them. In particular, it could not plead that it had only now learned of this algorithm. Rather, this function had already been the subject of the oral proceedings before the Regional Court. Accordingly, the defendant had to expect that this program algorithm of Amazon would select any one of all stored images, so that it was possible that its own offer of unpackaged printer cartridges would appear with an image of originally packaged cartridges.

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. The defendant had not complied with this duty of examination in a reproachable manner. If she had regularly checked her offer after posting, she would have noticed that next to her offer for unpacked goods not only the one she uploaded herself, but also the pictures of other dealers appeared. This should have prompted them to delete their offer – at least under this ASIN.

In the present case, a fine of €500 was appropriate, but also sufficient.

Tags: AmazonChatFrankfurtFrankfurt am Main Higher Regional CourtKI

Weitere spannende Blogposts

Artificial intelligence (AI) for process automation

341a2ee477801be4d12fc33c1120d10e
4. July 2024

The introduction of artificial intelligence (AI) into business processes offers enormous opportunities to increase efficiency and competitiveness, but also presents...

Read moreDetails

Designation as “Gollum” is an insult

New info on the status of the State Media Treaty
28. November 2022

As a self-confessed "Lord of the Rings" fan, I simply had to post a blog article on a recent decision...

Read moreDetails

USK and the guidelines on swastikas in games

5. August 2019

The discussion around the question of whether and under what conditions swastikas are allowed in computer games is in full...

Read moreDetails

OLG Frankfurt rules on influencer labelling requirement for sponsored travel

Legal form as an influencer? A few hints!
24. October 2019

Summary With today's decision, the Higher Regional Court of Frankfurt am Main has prohibited an influencer and YouTuber from presenting...

Read moreDetails

AG Frankfurt on travel cancellation due to Corona and cancellation fees

AG Frankfurt on travel cancellation due to Corona and cancellation fees
7. November 2022

One of the first rulings I know of on the subject of cancelling trips because of Corona comes from the...

Read moreDetails

Court case via internet chat

Court case via internet chat
7. November 2022

The Federal Constitutional Court has restricted the possibility of conducting court proceedings via Internet chat. What sounds absurd at first...

Read moreDetails

Attention: Insufficient cookie banners soon in the sights of data protectionists

ECJ: Cookies require explicit consent of users
7. November 2022

After the German data protection authorities published a guidance document last year, the Planet49 case should now be known to...

Read moreDetails

Costs of a patent attorney in the UWG trial

Costs of a patent attorney in the UWG trial
25. April 2019

Experienced colleagues know that legal proceedings can also be won simply with a potentially overwhelming cost burden. Often also in...

Read moreDetails

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges

Artificial Intelligence in Software and Game Development: Opportunities, Risks and Legal Challenges
12. May 2023

AI in software and game development: potential and pitfalls The use of artificial intelligence (AI) in software and game development...

Read moreDetails
Venture debt

Venture debt

16. October 2024

Venture debt is a form of debt financing that is specifically tailored to fast-growing, venture capital-financed start-ups and technology companies....

Read moreDetails
Consumer Protection Act

Consumer Protection Act

16. October 2024
Limited (Ltd.)

Limited (Ltd.)

16. October 2024
Creation height

Creation height

28. June 2023

Commercial Code (HGB)

25. June 2023

Podcast Folgen

Startups und Innovation in Deutschland – Herausforderungen und Chancen

Startups und Innovation in Deutschland – Herausforderungen und Chancen

25. September 2024

In dieser aufschlussreichen Podcast-Episode wird ein tiefgreifender Blick auf die Startup- und Innovationslandschaft in Deutschland und Europa geworfen. Die Diskussion...

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

KI im Recht: Chancen, Risiken und Regulierung – der IT Media Law Podcast Episode 3

28. August 2024

Willkommen zur dritten Episode unseres Podcasts "IT Media Law"! In dieser Folge tauchen wir ein in die faszinierende Welt der...

Der IT Media Law Podcast. Folge Nr. 1: Worum geht es hier eigentlich?

Der IT Media Law Podcast. Folge Nr. 1: Worum geht es hier eigentlich?

26. August 2024

Yeah, die erste richtige Folge mit mir selbst! In diesem Podcast tauchen wir ein in die spannende Welt des IT-Rechts...

“Digitales Recht Entschlüsselt” mit Rechtsanwalt Marian Härtel

“Digitales Recht Entschlüsselt” mit Rechtsanwalt Marian Härtel

25. September 2024

In diesem spannenden 30-minütigen Podcast entschlüsselt Rechtsanwalt Marian Härtel die komplexe Welt des digitalen Rechts für Selbstständige, Startups und Solopreneure....

  • Privacy policy
  • Imprint
  • Contact
  • About lawyer Marian Härtel
Marian Härtel, Rathenaustr. 58a, 14612 Falkensee, info@itmedialaw.com

Marian Härtel - Rechtsanwalt für IT-Recht, Medienrecht und Startups, mit einem Fokus auf innovative Geschäftsmodelle, Games, KI und Finanzierungsberatung.

Welcome Back!

Login to your account below

Forgotten Password?

Retrieve your password

Please enter your username or email address to reset your password.

Log In
  • Informationen
    • Ideal partner
    • About lawyer Marian Härtel
    • Quick and flexible access
    • Principles as a lawyer
    • Why a lawyer and business consultant?
    • Focus areas of attorney Marian Härtel
      • Focus on start-ups
      • Investment advice
      • Corporate law
      • Cryptocurrencies, Blockchain and Games
      • AI and SaaS
      • Streamers and influencers
      • Games and esports law
      • IT/IP Law
      • Law firm for GMBH,UG, GbR
      • Law firm for IT/IP and media law
    • The everyday life of an IT lawyer
    • How can I help clients?
    • Testimonials
    • Team: Saskia Härtel – WHO AM I?
    • Agile and lean law firm
    • Price overview
    • Various information
      • Terms
      • Privacy policy
      • Imprint
  • Services
    • Support and advice of agencies
    • Contract review and preparation
    • Games law consulting
    • Consulting for influencers and streamers
    • Advice in e-commerce
    • DLT and Blockchain consulting
    • Legal advice in corporate law: from incorporation to structuring
    • Legal compliance and expert opinions
    • Outsourcing – for companies or law firms
    • Booking as speaker
  • News
    • Gloss / Opinion
    • Law on the Internet
    • Online retail
    • Law and computer games
    • Law and Esport
    • Blockchain and web law
    • Data protection Law
    • Copyright
    • Labour law
    • Competition law
    • Corporate
    • EU law
    • Law on the protection of minors
    • Tax
    • Other
    • Internally
  • Podcast
    • ITMediaLaw Podcast
  • Knowledge base
    • Laws
    • Legal terms
    • Contract types
    • Clause types
    • Forms of financing
    • Legal means
    • Authorities
    • Company forms
    • Tax
    • Concepts
  • Videos
    • Information videos – about Marian Härtel
    • Videos – about me (Couch)
    • Blogpost – individual videos
    • Videos on services
    • Shorts
    • Podcast format
    • Third-party videos
    • Other videos
  • Contact
  • en English
  • de Deutsch
Kostenlose Kurzberatung