DR. SARAFI Rechtsanwälte secure an out-of-court result against Shopify
From our press archive. This communication gives the status of the original publication of 1 September 2026 again. Subsequent developments in the process are not automatically taken into account.
Our client is a major supplier of food supplements and sells its products through its own website and sales platforms such as TikTok Shop and Amazon.
A competitor created a so-called fake shop. It copied our client’s products, the associated product images and substantial parts of the design and presentation of its website. At the same time, the operator created the impression that the fake shop was an online shop belonging to our client.
The domain itself contained our client’s business identifier. Together with other information on the website, this created the impression that our client operated the shop. In fact, there was no connection between our client and the fake shop.
The fake shop was operated through Shopify. Shopify provides e-commerce infrastructure that enables merchants to create and operate their own online shops.
Our action against the fake shop
We first sent the fake shop’s operator a formal warning concerning the infringements and demanded, in particular, that they cease the infringing conduct. However, all attempts to make direct contact were unsuccessful.
At the same time, we asserted a disclosure claim against the relevant domain administrator to establish the actual operator’s identity. This approach was initially unsuccessful as well. The recorded details proved to be inaccurate and referred to purported individuals in Mexico. We used an email address obtained through this process for a further attempt to contact the operator directly.
Sales through the website were subsequently stopped, but the fake shop itself remained online.
We therefore also contacted Shopify directly and demanded the shop’s complete removal. Following repeated correspondence and preparations for urgent court proceedings, the fake shop was finally removed in full.
Fake shop taken offline within a few days
The infringements concerned trademark and unfair competition law in particular. The case also shows that coordinated action at several levels can be effective against fake shops. In addition to taking action directly against the shop operator, it may be appropriate to involve the domain administrator and the platform provider used to operate the shop.
This coordinated approach enabled the fake shop to be taken offline completely within a few days.
If you are affected by a fake shop, identity misuse or the unauthorised use of your trademarks, business identifiers, product images or other content, please contact DR. SARAFI Rechtsanwälte.