The term “Black Friday” is protected. According to the current legal situation, it may therefore not be used for marketing and advertising campaigns. An interview with Christian Solmecke, lawyer and partner at the media law firm Wilde Beuger Solmecke.
The Federal Patent Court decided at the beginning of the year that the word mark “Black Friday” enjoys trademark protection. What does this basically mean for online retailers?
Christian Solmecke: The most important information for retailers at the moment is that, contrary to reports to the contrary, nothing has changed this year either. The Black Friday brand is still registered and final. Retailers must therefore also note in 2020 that the use of the Black Friday brand can have legal consequences. The Federal Patent Court ruled that when registering in 2013, the average German consumer might have associated the term with the stock market crash in 1929, but did not understand it as a catchphrase for a “discount day”.
However, the court assessed the situation differently with discount campaigns for electrical and electronic goods on Black Friday, because they had already existed in 2013. Protection was therefore wrongly claimed for these areas, which is why the deletion by the German Patent and Trademark Office was lawful. Nevertheless, the trademark currently still enjoys protection here, as the Federal Patent Court has admitted the appeal on points of law to the Federal Court of Justice. Until a decision by the Federal Court of Justice is made, it will initially remain with trademark protection.
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