The creation of an offer on the Amazon Marketplace is used by many retailers in view of Amazon's reach. 
The Amazon algorithm assigns images to the same category and it can therefore happen that images of another product are automatically assigned to a retailer.
There have already been numerous copyright, trademark and competition law disputes of all kinds. I myself have been involved in numerous court cases in which I had to explain Amazon's system and technology.
OLG Frankfurt, decision from 18.03.2021
I have now read about another similar case in which the Higher Regional Court of Frankfurt (decision of 18.03.2021, ref. 6 W 8/18) decided that the Amazon retailer has a duty to check its offers. The BGH already held this view (BGH, 03.03.2016, Ref. I ZR 140/14), which is why there is nothing special about the decision of the Higher Regional Court of Frankfurt.
What this means for Amazon retailers
Every Amazon merchant is responsible for their listings. If the listings are changed in any way, even by an automatic mechanism generated or provided by Amazon, the Amazon merchant must accept responsibility for this. He or she cannot claim that he or she had no influence on the change or addition.
Amazon merchants must regularly check their listings and document this as comprehensibly as possible! The merchant is expected to take the necessary steps in the event of a change to his offer (e.g. by adding further photos that do not reflect what the Amazon merchant is selling) and, if necessary, delete his offer under the respective ASIN.
What does regular testing mean? The decision of the Higher Regional Court of Frankfurt, as well as previous case law, does not provide any guidance on this. The decisive factor is that the inspection must be reasonable for the retailer. For example, it can hardly be reasonable for the retailer to carry out an inspection every day in the morning and evening. Even a weekly inspection may not be reasonable, depending on the size and scope of the offer. The obligation to check also depends on the product in question. It is important that the retailer introduces a process in which it demonstrably carries out regular checks of its offers.
Do you want to create your own online store? Perhaps with local markets and products? We can help you draw up the contracts and check the website for legal compliance.
