Black Friday has long since arrived in Germany: Retailers outdo each other with special offers on the upcoming Friday. A company from Hong Kong has registered the German word "Black Friday." Companies that use the term in their advertising will receive warnings and cease-and-desist letters.
Correction (November 28, 2016): Contrary to what was previously stated in the article, the company Black Friday GmbH does not warn users of the term “Black Friday” and does not request them to submit a cease-and-desist declaration.
In the USA, the Friday after Thanksgiving has long been considered the most important shopping and bargain day of the year. Traditionally, the holiday season begins after the family holiday on the fourth Thursday in November. Many Americans use the holiday after Thanksgiving to shop, and retailers entice customers with discounts. For several years now, German customers have also been able to enjoy Black Friday discounts. Some retailers even announce an entire week of discounts.
What many companies don't know: Super Union Holdings Ltd. from Hong Kong registered the word mark "Black Friday" in Germany back in 2013. Users of the term "Black Friday" are receiving warnings and are being asked to submit a cease-and-desist declaration. As Online Marketing Rockstars reports, this affects, among others, the website black-friday.deTheir Android app has already been removed from the Play Store, and their Twitter and Facebook pages have been blocked. According to Black Friday GmbH, they own the exclusive rights to use the word mark "Black Friday" but have nothing to do with the cease-and-desist letters.
Deletion requested, but caution is still advised
Meanwhile, several law firms have filed applications for the cancellation of the word mark "Black Friday" on behalf of their clients. The law firm ARQIS justifies its request in a press release:
"The term 'Black Friday' refers to the Friday after Thanksgiving, which is used by retailers to advertise discounts, special offers, and gifts. The term describes a shopping event and does not refer to a specific company, so no one should be entitled to monopolize this term for advertising."
According to industry insiders, the chances of the trademark being cancelled are not bad. In 2014, the European Trademark Office also refused to register "Black Friday Sale" as a trademark. As the Munich law firm Breuer Lehmann Attorneys at Law writesHowever, the risk of receiving a warning letter remains for the time being. It's striking that even large companies are avoiding the term "Black Friday" in their advertising this year.
