The trade mark proprietor can issue the seller with a formal warning under German law (Abmahnung) and demand that the conduct cease. If the seller does not act free from fault, claims for damages are added, which arise from Section 14(6) of the German Trade Mark Act (Markengesetz). In addition, the seller must disclose the origin of the counterfeit goods, and the copies can be destroyed under Section 18 of the German Trade Mark Act (Markengesetz).
Three methods come into consideration for calculating the damages: compensation for the lost profit, surrender of the profit made from the trade mark infringement, or payment of an amount equivalent to the licence fee customarily charged.
For private sellers this means that even the resale of a copy in good faith can lead to a formal warning (Abmahnung) and to the deletion of the listing.