Wish.com held liable for counterfeit GHD products by German court

The Higher Regional Court of Hamburg (OLG Hamburg) has ruled that the online marketplace Wish.com is liable as a perpetrator for trademark infringements involving counterfeit GHD hairstyling products.

The court determined that Wish.com cannot claim to be a mere intermediary for its largely pseudonymous Chinese merchants. Because the platform presents products through a uniform layout and does not clearly disclose the identities of the actual sellers, it effectively makes an assertion of authenticity to consumers.

The case arose after the German brand GHD discovered counterfeit products being sold at significantly lower prices—approximately 35 euros for items typically valued between 200 and 300 euros. The court noted that the platform's design made it unclear to buyers who the actual sellers were, and the inability to contact merchants further contributed to the ruling. As a result, Wish.com must provide information regarding the responsible merchants and their sales, and pay damages to GHD.