Black Friday Legal: Bird & Bird’s latest BrandWrites article: In the black: can you commercialise Black Friday in Germany?

There may be restrictions on using the term “Black Friday” for sales promotions in Germany due to a registered trade mark.

The Friday after Thanksgiving traditionally is a family day in the US in which many Americans kickoff the Christmas shopping season. Since the 1930s American retailers have commercialised this day as “Black Friday” by offering large discounts on goods to attract customers. Often customers queue up in the middle of the night to get the best deals when the store opens.

Approximately ten years ago German retailers started to adopt this tradition and nowadays you find promotions like “Black Friday”, “Black…

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