Amazon under German law

In addition to eBay, Amazon is another public targeted professional online trading platform. In the case of Amazon, the contractual regulations are characterized by less freedom. However, this also gives new and existing dealers positive guidelines, as long as and as far as the dealer is aware of the legal framework and is ready to respect this latter. The following topics are really important for Amazon users and sellers:

  • It is fundamental not to infringe third parties ‘rights when selling a product online; the breaching of competition law principles can lead to trademark and company name´s infringement proceedings.
  • In case of assertion of a registered design infringement/trademark infringement, the Add in question will be automatically blocked by Amazon; if the intellectual property right´s infringements are numerous, the account will be closed.
  • By some design and trademark registrations, the product can also be monopolized by Amazon.
  • Protect your own ASIN/ EAN or GTIN.
  • New Amazon Terms of Use can change the Amazon Marketplace GTC.
  • After the blocking of an allegedly infringing add, get informed about the enforcement for release of the offer (account suspension and account release).
  • False feedbacks on Amazon.
  • Warning by Amazon.

In addition to Amazon, there are some „Amazon-like“ sales platforms, which often offer a smaller product variety, but are to be judged to a similar extent in legal terms.