García & Bodán

Preventive policies to make the most out of Black Friday

We are getting closer and closer to the expected Black Friday, and more and more commercial establishments in Latin America offer special promotions and discounts to the consumer derived from said holiday, despite the fact that its origin and history comes from an American culture.

Black Friday has been considered a great tool for companies to increase the sales of their products and services, many of them have joined the practice of offering special promotions to consumers of short duration, which makes it so attractive . However, it is necessary to have preventive policies that ensure correct practice in the trade, for which it must be analyzed from two important perspectives: the first from an optimal care and protection of the consumer, and the second as a prevention of infractions of Intellectual Property.

From the point of view of consumer care and protection, it is important to mention that it is necessary for companies to pay special attention to the promotions and offers that they advertise on “Black Friday”. This is due to the fact that in many laws misleading advertising and unclear information regarding consumer promotions is sanctioned by the entity that ensures consumer protection. That is why, within the marketing strategies, it should not be left out that the promotions are real for the consumer.

On the other hand, paying special attention to the way promotions are advertised should not be left out, since in some countries in the region the term «Black Friday» is a registered trademark. However, it is important to mention that the brand is not registered in the entire region, but as a preventive policy, many companies have chosen to use substitutes for these terms, thus reducing any contingency that may arise.

It is of the utmost importance that companies can make the most of this holiday, but with special attention to preventive policies to avoid any infringement of the consumer in terms of advertising that could be considered as misleading in terms of Intellectual Property.

María Fernanda Villagran
Associate
García & Bodán
Guatemala