Trade Marks in the Metaverse: Setting The Scene

• Author: Michael C. Maier

Speaker

Michael C. Maier, a recognized authority in trademark law with over 20 years of experience, provides strategic and commercial advice to German and international trademark owners. His expertise extends to legal disputes before the General Court of the European Union (GC) and the Court of Justice of the European Union (CJEU), as well as representation before the German Patent and Trade Mark Office (DPMA) and the European Union Intellectual Property Office (EUIPO).

Maier's professional journey includes roles at internationally renowned IP firms, and he served as the Associate General Counsel and General Manager, overseeing the trademark department of a leading global beauty company. As an accomplished speaker and lecturer, he shares his insights with professional organizations and teaches trademark law at Düsseldorf University and Potsdam University. Maier's commitment to education extends to past guest lectures at Harvard Law School and San Francisco Law School.

In addition to his teaching and speaking engagements, Maier regularly conducts trademark law seminars across Germany. He is also a co-author of a commentary on the European Union Trade Mark Regulation (EUTMR) published by C. H. Beck, a respected German publishing company. Michael C. Maier's extensive experience and multifaceted contributions make him a notable figure in the complex landscape of trademark law.

Topic

This presentation navigates the complex terrain of trademark law in the metaverse, offering a detailed examination of key aspects. It begins by exploring the concept of exhaustion of rights concerning the sale of branded virtual goods, analyzing the implications of Article 15 EUTMR and the inclusion of "virtual goods" within the definition of "goods" . The discussion extends to the challenges of demonstrating genuine trademark use exclusively in the metaverse, considering factors like time, place, extent of use, and suitable evidence .

Furthermore, the document addresses the extension of trademark protection from the physical to the virtual world, highlighting the strategies adopted by companies to safeguard their trademarks for virtual goods and services . It also...