Straight
outta
Kampen.
Straight
outta
Kampen.
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Can a funny slogan on a T-shirt or a beach bag be protected as a trademark? And does anything change if the slogan isn’t printed large on the chest but rather in small print on the label? The Federal Patent Court has answered both questions for Straight outta Kampen—to the detriment of the applicant.
A Hip-Hop Quote for Sylt
On May 13, 2022, an applicant not named in the decision filed an application for the word mark “Straight outta Kampen” with the German Patent and Trademark Office (DPMA). The applicant sought protection for bags and pouches, for textile goods, and for clothing, including T-shirts, tops, pants, and shorts. Kampen is a well-known beach resort on Sylt. The phrase “Straight outta” alludes to the famous hip-hop slogan “Straight outta Compton.”
The DPMA rejected the application on March 23, 2023. The mark lacked distinctiveness—that is, the ability to distinguish goods from a particular company from those of other suppliers. The applicant filed an appeal against this decision.
Cultural Cipher or Vacation Greeting?
The applicant considered the translation “directly from Kampen” to be a retroactive construction. No one would believe that the goods were actually manufactured in Kampen. The slang expression was a cultural code that the public would first have to decipher. In any case, on a label, the public would understand the trademark as a reference to the manufacturer. Finally, the applicant cited the trademark “Straight outta Compton,” which is registered with the DPMA.
Federal Patent Court rejects appeal
The Federal Patent Courtdismissed the appeal inits decision dated September 24, 2026 ( ) – Case No. 29 W (pat) 525/23 . The court found that the mark lacked any distinctive character for all claimed goods. The court left open the question of whether the mark must also be kept available for competitors.
Why does everyone understand the phrase right away?
In the court’s view, the general public understands “Straight outta Kampen” as “directly from Kampen” without giving it a second thought. The combination of “Straight outta” with a place name was already a common idiom at the time of the application. As evidence, the court cited, among other things, an election poster from 2021 featuring the phrase “Straight outta Frankfurt.”
The slogan thus allows for two interpretations. It could be understood as an expression of the wearer’s familiarity with, affection for, or vacationing in Kampen. However, it could also be understood as an indication that the product originates from Kampen or is sold there. In either case, the general public does not perceive it as a reference to a specific company.
Does the label help?
For fashion labels , this is the most important part of the decision. The court emphasized that inclusion on the label does not automatically constitute an indication of origin. In the case of so-called catchphrases, it depends on the obvious and likely ways in which they are used. In doing so, it relied on the case law of the Federal Court of Justice in the case #darferdas? II.
A slogan only has an impact if others see it. That’s why placing it in a prominent spot on a T-shirt, bag, or beach towel is the most obvious way to use it. In addition, funny slogans on clothing labels have become commonplace.
Even when placed on a label, the public will continue to perceive the symbol as a fun slogan that appeals to their emotions rather than as an indication of the company’s origin.
Why didn’t “Straight Outta Compton” help?
The “Straight outta Compton” trademark was registered with the DPMA on November 24, 2015, for essentially identical goods. The court considered this irrelevant. What matters, the court held, is the public’s perception at the time of each respective application, and this perception may have changed since 2015. There is no right to be treated the same as a potentially erroneous registration. This line of reasoning is not new; we have already reported on a similar case under “Cool” as a trademark: Not Cool.
Conclusion
The outcome of the decision comes as little surprise. We’ve already shown, in the “Lust auf Farbe” case, how difficult it is for slogans to qualify for trademark protection. What is noteworthy is the clarity of the “label” argument. For merchandise vendors, this means that a well-known phrase with a local reference can hardly be monopolized as a word mark.
We take a critical view of the court’s second interpretation. In our assessment, it is rather unlikely that the general public would interpret a hip-hop slogan as a serious statement of origin for Kampen.
It remains unclear where the line is drawn for phrases that are less common than “Straight outta.” The court requires a case-by-case assessment and focuses on the most likely usage.
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