Did you know that Hermès won a legal battle against an artist who created NFTs using the design of their iconic Birkin bags?
This case is a key precedent. The court determined that a trademark’s rights can extend into the digital world, protecting not only physical products, but also their identity in the metaverse.
Luxury brands are no longer concerned only about physical counterfeits, and are increasingly protecting their identity in the metaverse. Among others, L´OREAL, VERSACE, PRONOVIAS, LEVY´S, HEINEKEN, AXE and REXONA.
If you have a brand that could be affected in digital environments, now more than ever is the time to protect it properly.
Following the guidelines and practices being consolidated by the Trademark Offices, especially the EUIPO, this genre of signs in the metaverse focuses its registration in class 9 of the International Nomenclature, which includes -among other goods- audiovisual and information technology equipment.
In my opinion, the case would have been resolved more expeditiously in favour of Hermès if it had applied the European Design Regulation that comes into force in May 2025. Specifically the EU Directive 2024/2823, developed by the EU Regulation 2024/2822, in its article 26.1 extends the protection of the design owner to both physical and digital products:
“The design shall be represented in any form of visual reproduction, either in black and white or in colour. The reproduction may be static, dynamic or animated and shall be carried out by any appropriate means, using generally available technology, including drawings, photographs, videos, computer imaging or computer modelling.”
Contact me to register your trademarks and designs in Spain, Europe, the USA, and also in the virtual world.
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