GHD succeeds in holding Wish liable as a perpetrator for trademark infringements on its platform.

Those who know us know that platform liability is one of our core areas of expertise. We are therefore particularly pleased to share our success before the Hamburg Court of Appeal for our client Jemella Group, owner of the premium styling brand GHD (decision of 27 August 2026, case ref. 5 U 58/25):The Hamburg Court of Appeal held Wish liable as a perpetrator („Täter“) – rather than merely under the doctrine of interferer liability (“Störerhaftung”) – for trademark infringements involving counterfeit GHD products on the platform, applying the principles developed by the CJEU in its Louboutin judgement. The court came to the conclusion that Wish was actively involved in the sales process: From the presentation of the offers and payment processing to order confirmations, shipping, customer contact, returns and refunds. It thus also confirmed GHD’s right to information and damages. In addition, Wish was held responsible under competition law for offers lacking proper withdrawal information and complete trader details.

The decision is not final yet.

Congratulations to Eva Maierski and Katharina Jünemann from our Berlin office on this major success.

For more details, check out the press release from JUVE Verlag: https://lnkd.in/dTWkvvKM.