For an act in the course of trade as a prerequisite for a trademark infringement, the recognizable outward objective of the acting party is decisive. If an internet presence (in this specific case an eBay offer) undoubtedly gives the impression of a commercial offer to the targeted public, the trader cannot successfully claim that the offered product actually originates from his private stock. As a result, the trader must also bear the costs of a justified warning due to unauthorized use of a trademark (OLG Frankfurt am Main, judgment of April 11, 2019, Ref.: 6 U 121/18).