Thank God It's Black Friday

Black Friday - the favorite day of all shopaholics - is also becoming increasingly popular in Austria. The date, which falls on the fourth Friday in November (immediately after Thanksgiving), is already one of the highest-selling days of the year. This also awakens desires among copycats.

Years of disputes

After the Hong Kong-based company Super Union Holdings Ltd. registered the term “Black Friday” as a national word mark in Germany in 2013, a wave of warning letters followed shortly afterwards: the aim was to prevent German retailers from advertising with the term “Black Friday”. An international trademark was also registered in 2017, which would have also affected Austria. However, the Austrian Patent Office refused to protect the disputed trademark due to a lack of distinctiveness. In order to counter the plans of Super Union Holdings Ltd., an additional application for a word and figurative mark for Black Friday was filed by the Austrian Trade Association in 2018. Courts in Austria and Germany handed down judgments in all instances. 

In Germany, the international trademark, which had been refused in Austria, was initially upheld for around 900 goods/services. However, an action for cancellation for non-use brought before the Berlin Regional Court was ultimately also successful in Germany. The court ruled that the trademark had only been used in a descriptive manner and therefore not in a way that preserved the rights of the company. The Federal Court of Justice also took the same view, which also meant the final end for the Black Friday trademark in Germany. 

“Black Friday” for everyone

These decisions are an important signal for all retailers who want to advertise with “Black Friday”. The worry about fee-based license agreements for the use of this term should therefore finally be history.

Giving Tuesday will hopefully be spared such disputes from the outset. After all, this relatively young tradition benefits those who cannot go bargain hunting despite dumping prices.