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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

MORE NEWS
Copyright

Memorisation of AI training data infringes copyright

  • Regional Court of Munich I, judgment of 11 Nov 2025, 42 O 14139/24
The Regional Court of Munich I has held that the memorisation of copyrighted training data in OpenAI’s GPT models infringes copyright. The judgment reshapes the legal framework for AI training and highlights key compliance risks for AI providers, rightsholders and companies using generative AI.
Trademark Law

No protection for Jägermeister’s well–known figurative trade mark “Hirschkopf”

  • Hamburg Regional Court judgment of 03/03/2023, 315 O 274/21 – “Jägermeister”
Even for well–known trademarks, protection under trade mark law is only possible in so far as the opposing signs have at least a certain similarity.
Competition Law

Using an outdated strikethrough price is misleading

  • Regional Court Wiesbaden, judgment of 24 Apr 2025, 11 O 1/25 – Misrepresentation through an inaccurate reference price
The Wiesbaden Regional Court held that advertising with outdated, significantly higher strike-through prices is misleading and violates the German Price Indication Ordinance (PAngV) in conjunction with the UWG. Consumers understand crossed-out prices as the most recently charged price; if the reference price does not reflect that and there is no clear explanation, the ad suggests an overstated discount. Therefore, strike-through prices must be tied to the price immediately charged before the reduction.
Trademark Law

“Bayern Bazi” Lacks Distinctiveness

  • Federal Patent Court (BPatG), decision of 26 Feb 2025, 30 W (pat) 525/22 – “Bayern Bazi” not registrable
The German Federal Patent Court upheld the refusal of the word mark “Bayern Bazi.” The combination of a geographical indication (“Bayern”) and a dialect term (“Bazi”) is perceived as a purely descriptive message (“particularly Bavarian/from Bavaria”), not as an indicator of commercial origin. Prior registrations did not help because the sign lacks a distinctive, imaginative character.
IP

Russian Sanctions: Intellectual Property Rights Also Affected

  • Annex XL of Regulation (EU) No 833/2014
Article 12g of Council Regulation (EU) No 833/2014 of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine “No Russia Clause”
Trademark Law

Virtual Goods in the Spotlight – The General Court Issues a Landmark Ruling on Whether a Trademark for Virtual Goods Possesses Distinctive Character

  • GC Judgment of December 11, 2024, Case T-1163/23, Glashütter Uhrenbetrieb GmbH – Glashütte/Sa. v EUIPO
Virtual Goods in the Spotlight – The General Court Issues a Landmark Ruling on Whether a Trademark for Virtual Goods Possesses Distinctive Character.

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