Trade association has legal and business concerns
According to the trade association BTE, a recently published decision by the Federal Court of Justice (BGH) has caused some confusion and false statements in some media. It was sometimes incorrectly reported that the “Black Friday” brand had generally been deleted. In fact, the BGH ruling (decision of May 27.5.2021, 21, Ref.: I ZB 20/XNUMX) only applies to commercial services in the area of electrical and electronic goods as well as some advertising services.
This means: The registration of the word mark “Black Friday” remains effective in other product areas, such as textiles, clothing, shoes or leather goods. Anyone who wants to take part in this year's "Black Friday", which starts on Thursday, November 25, 2021, at 19 p.m., should keep an eye on the development of the legal situation and/or conclude a corresponding agreement with the platform provider www.blackfridaysale.de. warns the BTE.
According to the BTE, every textile, shoe and leather goods retailer should critically question whether it makes business sense to send the first and possibly extensive price signals at the end of November in view of the current delivery difficulties and partial shortage of goods. Given the continued poor earnings situation as a result of the long lockdown and at the same time forecast price increases on the procurement side, early and broad reductions are likely to be particularly problematic this year. In the opinion of the BTE, targeted offers and discounts on genuine old goods or poorly performing items could be economically advisable at the end of November.
