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Technical article brand protection in the metaverse

Trademark protection in the metaverse: Our contribution in the communications from the German patent attorneys, 10/2024, pages 426-439, October 2024

 Contents

Protecting trademark rights in Web 3.0 is becoming increasingly important for companies

We are very pleased to be able to inform you about our recently published article “Trademark protection in the metaverse” in the October issue of the trade journal Notices from German Patent Attorneys.
Protecting trademark rights in Web 3.0 is becoming increasingly important for companies. In our current article “Brand Protection in the Metaverse” we highlight the legal challenges and opportunities that Web 3.0 offers companies.
We underline the importance of adapting existing trademark rights to the digital world of the Metaverse, especially when dealing with virtual goods and NFTs. Companies should take preventive measures to ensure the protection of their brands for both physical and digital products.

For more information, please read our article “Brand Protection in the Metaverse”

Print edition at Wolters Kluwer

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Trademark Law

BGH “Mehmet Efendi”: No exhaustion from placing goods on the market in Turkey – association agreement does not extend the EEA

  • BGH, judgment of 3 July 2025 – I ZR 226/24 (OLG Nürnberg)
The BGH confirms: Placing EU trade mark goods on the market in Turkey does not trigger exhaustion within the EEA. The EEC–Turkey association framework does not extend the territorial scope of exhaustion; parallel imports into the EEA can be prohibited without the proprietor’s consent.
Trademark Law

BGH “LA BIOSTHETIQUE”: German courts have jurisdiction for targeted online advertising – supplier disclosure may be disproportionate

  • BGH, judgment of 22 Oct 2025 – I ZR 220/24 (OLG Düsseldorf)
The BGH aligns international jurisdiction for online trademark infringement with the target market: what matters is where the addressed consumers/traders are located—not the server location or the advertiser’s seat. It also held that disclosure of suppliers/prior owners may exceptionally be disproportionate where the infringement lies solely in the presentation of exhausted goods.
Trade Secrets

CJEU: Infringing “possession” covers stock held abroad—and also indirect possession

  • EuGH, Urt. v. 01.08.2025 – C-76/24 (Tradeinn Retail Services / PH)
The CJEU clarifies that trade mark owners may prohibit “possession” under Art. 10(3)(b) Directive 2015/2436 even where goods are stocked in another Member State—if intended for offering/placing on the market in the protection state. “Possession” also includes indirect control (supervisory/managerial authority).
Trademark Law

General Court: “Eco” may still shape the overall impression despite being descriptive

  • EuG, Urt. v. 5.3.2025 – T-281/24
The General Court clarifies that descriptive elements can still matter in the comparison of signs—especially when placed at the beginning and drawing attention due to their length/position.
AI / Personality Rights

LG Hamburg: AI-generated X post remains attributable to the account operator

  • LG Hamburg, Beschluss vom 23.9.2025 – 324 O 461/25
The Regional Court of Hamburg held that a continuing defamatory false statement on X remains unlawful under the law of statements even if the post was generated by AI. The account operator can be held responsible for the published content.
AI

Cologne Higher Regional Court: Meta may provisionally use public Facebook and Instagram data for AI training

  • OLG Köln, 15 UKl 2/25
The Cologne Higher Regional Court rejected an interim injunction against Meta’s announced use of publicly shared Facebook and Instagram data for AI training. In its summary assessment, the court considered the processing likely lawful, in particular on the basis of Article 6(1)(f) GDPR.

Karin Simon
Lawyer
Certified IP Lawyer

Susanne Graeser
Lawyer
Certified IP Lawyer

Uhlandstr. 2
80336 Munich
Germany

Karin Simon
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Susanne Graeser
Rechtsanwältin
Fachanwältin für gewerblichen Rechtsschutz

Uhlandstr. 2
D-80336 München