The title “Das Omen (Teil 1)” by the band “Mysterious Art” is protected as a work title under trademark law. This protection arose with the commencement of the use of the title in the course of trade in Germany (in this specific case the distribution on CD). However, contrary to the opinion of the lower court, the BGH did not see the likelihood of confusion with titles of the band “The Prodigy” required for the claims brought. There was no risk of direct confusion between the titles (BGH, judgment of 31.01.2019 – I ZR 97/17).