As part of a consulting mandate, we received a warning from Dreger IP LEGAL from Düsseldorf for a marketplace dealer. The subject of the dispute is the Amazon portal, on which warnings as well as our client operate a commercial Amazon shop.
Attorney Dreger complains that the person who has been warned has attached himself to an offer from the person who has been warned. In this respect, it is stated in the warning that the warning person originally discontinued the offer at issue, i.e. as the first. The warning states that there is only one ASIN for each product, which the first-time user sets and that all other dealers can then basically attach themselves to this ASIN.
Then it is shown in a way that is incomprehensible to us that appending to the existing ASIN number causes deception under competition law about the operational origin. Finally, it is also pointed out that the addressee of the warning letter uses a cancellation policy on the article page under the item “legal information” that contains the personal information of the warning person. For this reason, according to our understanding of the warning, the anti-competitive behavior is then to be seen in the fact that the corresponding product is offered under a revocation instruction identifying the warning person.
In addition to the fact that the cancellation policy contains outdated regulations and therefore, according to our opinion, would otherwise be capable of issuing a warning, we are not able to identify any violation in the allegation. Rather, according to our opinion, it is likely to be an impermissible attempt at monopoly, which may trigger corresponding claims for omission for the person warned.
How should the warning be dealt with?
As we have now learned through internet research, the warning we received for a consultation should not be the only warning of this type. We strongly advise against submitting the pre-formulated declaration of cease and desist with penalties. In the warning that we have received, costs from an object value of € 10,000.00 are claimed, therefore an amount of € 864.66. This amount, too, should by no means be paid unchecked.
Rather, we recommend the following procedure:
- First, stay calm.
- Note the deadlines.
- Contact a specialist lawyer for intellectual property law, making sure that he is familiar with Amazon’s specialties.
- Avoid short circuit reactions.
As a specialist law firm for commercial legal protection, copyright and media law as well as IT law, we specialize in particular on Amazon issues. We have represented numerous Amazon retailers in the past. We also constantly represent online retailers who are active on the Amazon Marketplace. We defend against warnings or successfully enforce claims under competition law and trademark law against your competitors after a conscientious review. We can also help you with infringement reports on the active or passive side. If you have received a warning, interim injunction or even a lawsuit from a competitor or an association, we offer you to send us your document without obligation and free of charge. We will then contact you and have a non-binding conversation with you, which will include a free initial assessment of your concern.
We look forward to your feedback.
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