Explanation of the term ‘White’ in a legal context
The term ‘White’ can have a variety of meanings and areas of application in the legal context. Generally, the term is used in German and international law primarily as part of a name, as a brand designation, or in specific legal concepts. This treatise systematically examines the legal dimensions of the term ‘White’, particularly in name law, trademark law, copyright, data protection, competition law, as well as in selected further contexts.
1. ‘White’ as a part of personal names and company designations
1.1 Legal foundations regarding personal names
The name ‘White’ can be assigned to individuals as a surname. In Germany and under international name law, fixed legal requirements apply to the use, change, and registration of personal names, particularly in the German Civil Code (§§ 12 BGB), the Civil Status Act, and the Name Change Act. The use of a name is protected by the general right of personality. Interventions such as unauthorized use or falsification can give rise to claims for injunctive relief, removal, and damages.
1.2 Company designations and business names
The term ‘White’ can also be used as part of a company name (§§ 17 ff. HGB) or as a business designation. The selection of the company name is subject to the principles of truthfulness and distinctiveness. Exclusive use of a company name establishes relative rights against third parties in cases of confusing use by competitors (§ 37 HGB). In addition, there is protection under trademark law according to the principles of § 5 Trademark Act.
2. ‘White’ as a trademark and distinctive sign law term
2.1 Definition and requirements for protection
The term ‘White’ can be registered and protected as a trademark within the meaning of the Trademark Act (§§ 3 ff. MarkenG), for example, as a word mark, figurative mark, or word/figurative mark. Its eligibility for protection depends on its distinctiveness and lack of necessity to keep it free for general use. Purely descriptive indications or terms lacking all distinctive character are excluded from registration under § 8 para. 2 no. 1 Trademark Act.
2.2 Relative and absolute grounds for refusal
When assessing registrability, the German Patent and Trademark Office examines whether absolute grounds for refusal (§ 8 Trademark Act), in particular lack of distinctiveness or descriptive indications, apply. ‘White’ may, depending on context, be classified as a descriptive indication (for example, for a color) and thus considered necessary to keep free for general use. If a ‘White’ trademark is already registered, claims for injunctive relief and damages under § 14 para. 2 Trademark Act may arise in the event of a risk of confusion.
3. Use of ‘White’ in copyright and design law
3.1 Copyright aspects
As a creative component of work titles, programs, film titles or artworks, ‘White’ can enjoy copyright protection as a work title under § 5 Copyright Act, provided it has the necessary distinctiveness and market recognition. The infringement of such title protection may give rise to claims for injunctive relief and compensation for damages incurred.
3.2 Reference to design law
If ‘White’ is part of a protected design or registered design, protection rights under the German Design Act (DesignG) or the Community Design Regulation may apply. Such protectability depends on the specific case and the presence of novelty and individual character.
4. Data protection law review of ‘White’ as personal data
Within the scope of the General Data Protection Regulation (GDPR), ‘White’ may constitute personal data under Art. 4 no. 1 GDPR if it is the name of a specific identified or identifiable natural person. The collection, storage, processing, and transfer of such data are subject to strict legal requirements, particularly the principles of data minimization, purpose limitation, and comprehensive data subject rights.
5. ‘White’ in competition law
The use of ‘White’ in advertising, product names, or as a company identifier can be relevant under competition law. Within the scope of the Act Against Unfair Competition (UWG), misleading, deceptive, or disparaging uses are prohibited (§§ 5, 6 UWG). Unfair exploitation of another company’s trade name or confusion with ‘White’ as a well-known brand can result in warnings, injunctive relief and further legal consequences.
6. International and domain law aspects
In international law, ‘White’ is taken into consideration particularly as a component of company names, trademarks, or domain names. When registering domains with ‘White’ as a component, §§ 12, 15 Trademark Act, as well as the regulations of the Internet Corporation for Assigned Names and Numbers (ICANN) relating to domain name disputes (Uniform Domain-Name Dispute-Resolution Policy, UDRP) apply. In the event of conflicts with existing name or trademark rights, claims for transfer or blocking of the domain can be enforced through court or out-of-court proceedings.
7. Other legal uses
7.1 Contract law
Within the context of certain contract templates and in general terms and conditions, ‘White’ can be used as a descriptive element for product lines (e.g., ‘White Label contracts’). The meaning arises from the respective contract content; in the event of disputes, interpretation is performed according to §§ 133, 157 BGB.
7.2 Criminal law and compliance
In criminal law and compliance contexts, the term appears, for example, in connection with ‘White Collar Crime’ (economic crime). Here it refers to offenses committed in an economic environment, especially by public officials, executives, or companies.
Literature and case law
In the relevant specialist literature and case law, the term is widely discussed depending on the context of use. See, for example:
- BGH, Judgment of 11.05.2017 – I ZR 147/15
- ECJ, Judgment of 12.06.2003 – C-112/99
- Fezer, Trademark Law, 5th Edition, 2023
- Palandt, BGB, current edition
Summary
The term ‘White’ is multi-faceted in the legal context and touches on numerous areas of law, including naming law, trademark law, copyright, data protection law, competition law, as well as contract and domain law. The respective legal issues depend on the individual case and the specific use. A comprehensive assessment always requires a detailed examination of the legal situation and the relevant protection rights.
Frequently Asked Questions
What copyright aspects need to be considered when using White products?
When using White products, especially in the context of whitelabel solutions, copyright law is a significant legal aspect. A central issue is the question of who holds the usage rights to the underlying software or product. As a rule, copyright remains with the original developer or manufacturer, while the user, i.e., the company utilizing the White product under its own name, is merely granted a right of use. The precise structure of these rights—such as whether the right is simple or exclusive, limited in time and geographical scope or unlimited—should be clearly defined contractually. In addition, open source components or third-party content may need to be taken into account, as these may be subject to further license terms. Companies should regularly check whether they are not unlawfully using or reselling copyrighted components, as this may otherwise result in claims for injunctive relief and damages.
Is a white-label product to be regarded as equivalent to an in-house product in terms of liability?
In terms of liability, a distinction must be made between the manufacturer and the distributing company. If a company sells a white-label product under its own name, it often appears to the end customer as the manufacturer. This can lead to so-called distributor liability, as regulated in the Product Liability Act (ProdHaftG). According to § 4 ProdHaftG, anyone who affixes their name, brand or other distinguishing mark to the product and thus implies that they are the manufacturer is deemed to be the manufacturer. Thus, in the event of damage, the white-label company is liable to the injured party like a manufacturer—regardless of who actually produced the product. It is therefore advisable to agree on appropriate indemnification clauses and rights of recourse against the actual producer, as well as to review coverage with suitable insurance.
What information requirements exist for the legally compliant distribution of White products?
Companies marketing White products are subject to extensive information requirements. In particular, the Product Safety Act (ProdSG) must be observed, which requires that consumers be fully informed before purchase, for example regarding the safe use of the product, possible risks, and the identity of the responsible economic operator. Depending on product type and distribution channel, further special laws apply, such as the Telemedia Act (TMG) for digital White products. In online trading, there are additional information requirements arising from distance selling law and the Price Indication Ordinance (PAngV). Missing or inadequate information may constitute a breach of competition law (e.g., under the UWG) and can result in warnings and claims for damages.
What data protection requirements must be observed with white-label solutions?
When using or distributing white-label solutions that process personal data, the provisions of the General Data Protection Regulation (GDPR) must be strictly observed. In particular, it must be clarified who acts as the controller and who as the processor within the meaning of the GDPR. If the product is offered under their own name, the distributing company is usually responsible for data protection and thus bears the primary responsibility for the lawful processing of the data and for fulfilling information and disclosure obligations towards data subjects. Necessary data processing agreements (Art. 28 GDPR) must be concluded with the actual product developer or technical service provider. In addition, a data protection impact assessment, technical and organizational measures (TOMs), and the safeguarding of data subject rights must be ensured. Missing or faulty regulations can result in significant fines.
What special features apply to sales and license agreements for White products?
The distribution of White products requires carefully tailored license and distribution agreements to clearly regulate the rights and obligations of all parties involved. Typically, White Label agreements contain provisions on exclusivity, permitted use and adaptation of the product, support services, updates, and liability. Particularly important is the transparent arrangement of rights transfer: Which components may be customized, which remain with the original manufacturer? In addition, non-compete clauses, confidentiality clauses, and provisions on handling trademark rights should be considered. Regular reviews and adaptation to legal changes are recommended to ensure ongoing legal certainty.
Are there trademark risks associated with the use of White products?
White products are usually marketed under their own brand. Careful examination is required to ensure that the chosen brand or sign does not infringe the rights of third parties, particularly registered trademarks or business identifiers. A comprehensive trademark search before market launch is advisable, as well as contractual protection regarding potential claims arising from trademark infringement. Furthermore, for products originally marketed under a manufacturer’s brand, it should be checked whether the removal of the original logo or the use of the distributor’s own mark is permissible or contractually restricted. Trademark infringements can otherwise lead to costly claims for injunctions, disclosure, and damages.
What obligations arise regarding the product safety of White products?
Even when selling White products, the responsibility for complying with all product safety requirements rests with the company marketing the product under its name. Compliance with legal requirements, such as declarations of conformity (e.g., CE marking), instruction manuals, and safety warnings, is regularly the responsibility of the White Label provider. Errors may result in official measures such as product recalls or sales bans as well as civil liability. Companies should therefore ensure before concluding a contract that all required certification marks and certificates are available or obtain corresponding warranties and indemnities from the manufacturer in the contract.
