Part Two - Let the games begin: German IP law in the world of esports

By Roman Brtka

01-2018

In this article, the second of a two part series (see Part One here), we consider trade mark law, unfair competition laws and virtual domiciliary rights.

Trade mark law

The use of trade marks on in-game virtual products (e.g. manufacturer logos) is probably permissible in light of the principles established by the German Federal Court of Justice in the Opel-Blitz II decision. According to this decision, consumers perceive trade marks used on virtual products only as details of reality and not as an indication of the origin of virtual products or computer/video games

Unfair competition

With regard to (un)fair trading practices, the following aspects are particularly relevant

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