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On June 29, 2023, the German Federal Court of Justice (BGH) dismissed the appeal against the non-admission of the trademark owner’s appeal. This means that the cancellation ruling of the Kammergericht is legally binding and the disputed “Black Friday” trademark must finally be deleted from the register of the German Patent and Trademark Office (DPMA).
The “Black Friday” trademark had been registered in 2016 by Super Union Holdings Ltd. of Hong Kong. In 2017, the portal BlackFriday.de had applied for cancellation of the trademark. The Düsseldorf Regional Court had cancelled the trademark in 2018 for all goods and services. The trademark owner had appealed against the judgment. The Düsseldorf Higher Regional Court had dismissed the appeal in 2020. The trademark owner had appealed against the judgment.
The BGH has now rejected the trademark owner’s appeal. The BGH has ruled that the trademark “Black Friday” has expired for all goods and services. The BGH took particular account of the fact that the trademark “Black Friday” is a generic term that can be used for any type of discount promotion. The BGH also ruled that the trademark “Black Friday” is not suitable as an indication of origin for the goods and services of the trademark owner.
The cancellation of the “Black Friday” trademark is an important victory for the rights of consumers and businesses. The trademark owner had tried in the past to warn off companies that had used the term “Black Friday” in their advertising. The BGH’s decision clarifies that the term “Black Friday” is not a trademark and can be freely used by anyone.
The BGH’s decision is also an important victory for the BlackFriday.de portal. The portal had resisted the “Black Friday” brand for years. The decision of the BGH clarifies that the portal BlackFriday.de may freely use the term “Black Friday”.
The BGH’s decision is an important step towards strengthening the rights of consumers and companies. The decision clarifies that trademarks may not be used to hinder competition.
Marian Härtel is a lawyer and entrepreneur specializing in copyright law, competition law and IT/IP law, with a focus on games, esports, media and blockchain.
