Liability of Amazon-retailers

The activity as a supplier on the Amazon trading platform represents a risk-increasing behaviour. Anyone who permanently or after a temporal interruption offers products with an ASIN-number on Amazon, has to examine and monitor these offers. This also applies to changes in the product description on the Amazon market place made by third parties (interference liability). This obligation to examine and monitor exists independently from any prior reference to the infringement of rights by a certain offer. Traders, who do not make any inspections for nearly two weeks, violate their obligations to examine and monitor in any case. The attachment to a foreign ASIN-number constitutes a trademark infringement and a deception over the origin of the goods, as far as the trademark of a third party is used for own offers with other products. [BGH  03.03.2016, I ZR 140/14]