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In January 2022 we published an article relating to the Metaverse entitled: Trademarking in the Metaverse and Non-Fungible Tokens – virtually pointless?
Trademarking in the Metaverse and Non-Fungible Tokens – virtually pointless? – AA Thornton
Thanks to IPKat for reporting (here) the decision of the Rome Court of First Instance in relation to a preliminary injunction made by Juventus F.C. (decision on 20 July 2022, case No 32072/2022).
Juventus successfully obtained a decision to stop the sale of NFTs by an unauthorised third party, Blockeras, despite not having registrations which cover NFTs or relevant virtual goods. This decision supports the idea that trade mark registrations covering “conventional” goods may be sufficient to stop use on NFTs and “virtual” goods.
However, it should be noted that The Rome Court also found that Juventus’ marks are well-known and actively used in relation to merchandising, and Juventus was also engaged in the world of cryptocurrencies and blockchain, including NFT.
It will be interesting to see the direction that future decisions take, particularly where the registration mark is not as well-known as the Juventus’ marks.
Authors: Ian Gill & Sarah Neil
Category: News | Author: Ian Gill, Sarah Neil | Published: | Read more
