Responsibility of Amazon sellers for automatically assigned product images
Background of the decision by the Higher Regional Court of Frankfurt am Main
In the context of selling goods on marketplaces, particularly on Amazon, it regularly happens that different sellers list identical products under the same product identification number (ASIN). In these cases, Amazon uses a uniform product data sheet, which may contain textual information and pictorial representations of the product. The assignment of product images is automated by Amazon, sometimes based on existing image assignments by other sellers.
Subject matter and reason for the proceedings
In the underlying case, a company sought an injunction against a competitor because a product image used in their Amazon offer was uploaded by another seller. The contested image showed the offered item in a version that differed significantly in essential details from the actual product sold by the defendant. This particularly concerned distinctive features, which, according to the applicant’s view, could easily mislead consumers.
Assessment of liability by the Higher Regional Court
The Higher Regional Court of Frankfurt am Main had to determine to what extent the offering seller is liable for such product images automatically assigned by Amazon, even if the seller could not directly influence the image selection. According to the court, the responsibility for images used in connection with the seller’s offer generally lies with the respective seller. They must ensure that the depiction corresponds to the actual properties of the offered product and does not violate legal regulations, particularly regarding consumer deception.
The court stated that a seller cannot use the platform without carefully considering the control options regarding the design of their offer. It is reasonable to expect them to regularly check the offer assigned by Amazon for content accuracy – including the images used – and to take action if necessary to prevent potential legal violations.
Risk of deception and claim for injunction
The use of an incorrect product image with differing product details can, in individual cases, constitute a relevant risk of deception within the meaning of § 5 UWG (Act Against Unfair Competition). The Higher Regional Court of Frankfurt am Main considered this risk to be present in the specific case because the pictorial representation is crucial for consumers’ purchasing decisions, and significant differences may exist between the image and the actual delivery. The automated image assignment does not relieve the offering seller of responsibility for the entire data sheet assigned to their offer.
Notes on the decision’s impact
The decision (Higher Regional Court of Frankfurt am Main, Order of March 19, 2021 – Case No. 6 W 8/18) underscores the high requirements for the due diligence of sellers in online commerce and clarifies liability issues in the context of automatically generated product presentations. As of the current status, the order is legally binding; if divergent supreme court jurisprudence develops subsequently, further developments remain to be seen.
Carefully review individual cases legally
The correct depiction of goods in online trade and the avoidance of potential deceptions present companies with complex challenges. For companies, investors, and affluent private individuals active in the trading sector, it is advisable to have specific concerns individually reviewed in view of the complex legal situation. Further information and support on all questions related to commercial law is offered by MTR Legal through the areaLegal advice in commercial law.
