The eBay seller Artem Ellert is well known to us from our consulting practice over the last few months. After Artem Ellert issued extensive warnings about telecommunications technology on eBay at the beginning of July 2024, he is now warning about the lack of age verification when shipping spirits on eBay.
In fact, according to the Youth Protection Act, when offering alcoholic beverages it must be ensured that the goods cannot be received by children or young people. This is done, for example, by using the “age inspection” shipping service.
Since eBay automatically states in the shipping information for such offers that shipping is carried out using age visual inspection, not only is the actual shipping or age visual inspection warned against, but it is also misleading due to the depiction of shipping on eBay.
Warnings from Artem Ellert himself and also IPPC LAW
Remarkably, in mid-August 2024, Artem Ellert warned against this issue through his law firm IPPC Law with an item value of 20,000.00 euros. Almost at the same time, however, Mr. Artem Ellert issued warnings on the same topic without involving a lawyer. He largely adopted the content of his lawyer’s warning.
In the warnings from Mr. Ellert personally, in addition to a cease-and-desist declaration with a penalty clause, a documentation fee of over 90.00 euros is also required.
We have now represented a large number of eBay sellers who have been warned by Mr. Ellert. In cases in which we rejected the warning due to abuse of law before the deadline set in the warning expired, the claims have not yet been pursued further.
Artem Ellert is applying for an interim injunction before the regional court
In two cases in which our law firm did not provide representation within the set deadline for submitting a cease-and-desist declaration, the law firm IPPC Law applied for an interim injunction.
In both cases, the regional court did not initially issue the interim injunction because the court did not have a statement on the facts of the case. Typically, a court will issue a requested preliminary injunction by order without an oral hearing.
After we argued extensively in a case before the Berlin Regional Court that the actions of Artem Ellert and the law firm IPPC Law were, in our opinion, an abuse of the law, Due to Artem Ellert’s abuse of rights, the Berlin Regional Court recommended that the application for the interim injunction be withdrawn, which is what happened.
A decision from another regional court is still pending in another case.
If you have received a warning, an application for an interim injunction from the court or an interim injunction from a regional court, we recommend advice.
An interim injunction is an order from a regional court. This decision will be served on you via a bailiff.
An objection can be lodged against an interim injunction. If no objection is filed, the question of the so-called final declaration must also be clarified within two weeks of delivery. Through a final declaration, the interim injunction is recognized as a final regulation and legal remedies are waived. If a final declaration is not proactively submitted within this period, you may be required to do so for a fee.
About me and my work:
As a specialist lawyer for intellectual property protection, I advise you in my area Law firm Internetrecht-Rostock.de I have been warning people like you for over 20 years and therefore have experience from a variety of warning procedures.
Die Law firm Internetrecht-Rostock.de has been providing information about topics for online retailers on its website of the same name for more than 20 years with now over 3,000 articles and advises a large number of online retailers on securing their presence.
I can also advise you nationwide at short notice by telephone. As part of my consultation, I discuss the legal situation and the various alternative courses of action with the respective advantages and disadvantages. Of course, you will also receive specific recommendations from me on how to proceed.
Have you also received a warning or an application for an interim injunction from Artem Ellert?
If you have also received a warning, a request for an interim injunction or an interim injunction from Artem Ellert, you can easily contact me using the contact details provided:
- Just call me (Tel. 0381-260 567 30).
- Send me an email (rostock@internetrecht-rostock).
- Or send me a message using the “Send Message” function.
Johannes Richard
lawyer
Specialist lawyer for intellectual property protection
