Auction portals like eBay are neither direct infringer nor aider and abettor and hence generally does not bear tortious liability for infringing offers of its users. Obligation to remove offers can based only on the disturbance liability and arises when the objected offer was brought to its attention and is “clearly infringing”. This obligation also requires that auction platform takes proactive steps to prevent infringement of that kind from occurring again.
A domain name authority is neither a direct infringer nor an aider and abettor and hence generally does not bear tortious liability for third party registrations that infringe trademarks rights of others. Obligation to cancel the domain name can be based only on the disturbance liability and arises exceptionally when the objected domain name was brought to its attention and is “unambiguously infringing” or after the court determined it to be infringing.
The Civil Code (Bürgerliches Gesetzbuch, BGB) comprises general regulations civil law provision, e.g. on contract law, tort law and property law. The central provisions which may be applied to intermediaries, are Section 823 and Section 1004 BGB. According to Section 823 BGB, a person who is injured in his or her general right of privacy may claim compensation for the damages suffered. According to Section 1004 BGB, the person affected may bring an action for injunction against an intermediary.