The legal dispute over the word mark “Black Friday” has come to a conclusion, with the German Patent and Trademark Office ruling that it must be deleted from the register. The Federal Court of Justice rejected an appeal against the refusal to revise a judgment made by the Berlin Court of Appeal in June. The operator of the blackfriday.de portal has been contesting the registration of the word mark in multiple proceedings. Last year, the Berlin Court of Appeal ruled that the trademark had expired, as it is a catchphrase for discount campaigns and does not indicate an operational origin. The trademark had been registered for over 900 goods and services since 2013. The owner of the mark is a company called “Super Union Holding” based in Hong Kong, which had assigned the right of use to “Black Friday GmbH” in Vienna. Several companies, including Simon Gall who operates the blackfriday.de portal, took action against the trademark registration at the Patent and Trademark Office. Gall is concerned about the costs of the procedure and feels that any claims for reimbursement would have to be pursued in Hong Kong. The struggle, however, continues elsewhere. In January 2023, the Higher Regional Court of Düsseldorf ruled that the trademark owner and its exclusive licensee must compensate Gall for any damages incurred as a result of warnings from customers and further actions against his portal. The Federal Court of Justice is currently reviewing this procedure. In the United States, “Black Friday” typically refers to the day after Thanksgiving and marks the start of the Christmas shopping season. The term has also been adopted in Germany to signify the beginning of gift-buying, leading to various discounts and promotions.
