IP analysis: Digital assets and non-fungible tokens (NFTs) being all the rage, the European Union Intellectual Property Office (EUIPO) is increasingly receiving trade mark applications covering virtual goods and NFTs, the regulatory classification of which is one of the many new questions posed in the digital age where reality is increasingly mirrored by, and interwoven with, virtual reality. Anthonia Ghalamkarizadeh, Counsel, and Dr Andreas Renck, partner, at Hogan Lovells take a look at virtual goods and NFTs in the gaming industry and metaverse settings, and their appropriate IP protection, as exemplified by the latest EUIPO guidance.
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Passing off—goodwill, misrepresentation and damagePassing off is a common law tort which protects rights that are not capable of registration or are difficult to register as trade marks (eg colours, get-up and packaging), or rights that had not been registered formally, but have acquired goodwill.
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