Internetversteigerung II, I ZR 35/04

The Court confirmed that an injunction against a disturber is available when no third party infringement was committed, but is feared. The Court recalled that injunctions should not lead to “any unreasonable duties to review” and should not “challenge the entire business model” of the platform operator. It opined that an implementation of filtering software to flag objectively suspicious offers (e.g. due to low price for a certain keyword), then subsequently reviewed flagged transactions manually by employees, is a reasonable measure to make.