No nuisance liability for trademark infringement by eBay members. The Higher Regional Court of Dusseldorf ruled that eBay is not liable as spoilers if, after the notice of the injured proprietor eliminates the injury and no other injuries have occurred, would have the platform operator must prevent (OLG Dusseldorf v. 24.2.2009, Case No.: I-20 U 204/02). There was therefore no pre-screening requirement. Also represent the Higher Regional Court stated that: "Ebay lock now using a filter program offers, the brand name used clearly inadmissible, it is not the Internet provider reasonable to examine any offer before publication in the internet for a possible violation of law, because such a duty the whole. business model into question. " That is, concrete is finally little by the obligations of the platform operator. It believes it is the Court of Appeals that is also no requirement for extended check is not obvious or at least to me reasonable means unauthorized use, there are not identifiable, which was already decided recently by OLG Frankfurt. Once the verdict is on in full text, I will post it accordingly. www.anwalt-strieder.de
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