No more “black shopping”: With the deletion of the “Black Friday” trademark from the trademark register, retailers can do without alternative phrases.
Image: Wolfgang Eilmes
So far, retailers have avoided the word mark “Black Friday” with “Black Week” or “Black Sale” for fear of legal consequences. A man has now won the year-long battle to erase it.
AIn Germany too, the first Friday after the American Thanksgiving holiday in November has established itself as the biggest discount battle of the year. In America, the day is considered the start of the Christmas shopping season. Merchants are making great money these days and aggressively marketing their offerings. In this country, however, there is a difference to America: retailers often do not call their promotions “Black Friday” out of fear. This could change now.
There is still a “Black Week” or a “Black Sale”, because the “Black Friday” brand has been protected since 2016. According to a decision by the Federal Court of Justice, however, it must now be deleted (Az. I ZR 184/22). With the dismissal of a non-admission complaint, the court in Karlsruhe confirmed a decision by the Berlin Court of Appeal from last autumn, after which there was still legal uncertainty. This should now be cleared.
