Does my trademark covering “sneakers” for example, also cover virtual sneakers in the Metaverse?

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  • Germany


Probably not, but this is still very much unclear. Courts and trademark offices must determine whether two trademarks are confusingly similar, which includes evaluating whether two goods are similar, such as physical sneakers and virtual sneakers. Currently, there is no definitive answer to this question, but it seems that trademark offices at both the European and national levels are treating virtual goods as similar to software. In previous cases, digital goods such as software and physical goods such as sneakers were not considered to be closely similar. As a result, it is possible that courts may adopt this approach when evaluating virtual goods in the metaverse, which could mean that existing trademark registrations for physical goods do not offer full protection for their virtual counterparts. However, this question remains a topic of debate and is not yet sufficiently clear.

Felix Tann

Intellectual Property and Competition Law

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