The Most Effective Strategies for Trademark Protection in the Metaverse

The concept of trademarks on virtual goods mirroring physical goods is somewhat meta, and that’s intentional. Welcome to the metaverse—a rapidly expanding industry worth billions of dollars that extends beyond just multiplayer games. As traditional brick-and-mortar businesses make their way into the metaverse, how can they safeguard their intellectual property, specifically the reputation of their brands, in a world where products and services exist in a digital form?

Understanding the Metaverse

To effectively protect goods and services in the metaverse, legal professionals must have a clear understanding of what the metaverse entails. Simply put, the metaverse refers to a virtual environment where users can engage with others using computer-generated avatars. For more insights, refer to Steven Ehrlich’s article, “The Metaverse Explained,” published in Forbes on March 10, 2023. The term “metaverse” was first introduced in Neal Stephenson’s 1992 novel “Snow Crash,” where it was used to describe a digital realm where individuals, represented by avatars, interact in a manner that resembles real life. For further details, see Alex Clere’s piece, “Timeline: looking back through the making of the metaverse,” featured in FinTech Magazine on February 13, 2023. Also, Rick Howard’s review of “Snow Crash” can be found on The Ohio State University Institute for Cybersecurity & Digital Trust’s website, here (accessed on August 22, 2024).