The rise of the “metaverse” raises new issues for brand owners in the procurement, protection, and enforcement of valuable trademark rights. Branding via its virtual worlds and economies, where digital assets are experienced, sold, and traded and users can interact with a computer generated environment, requires a shift in thinking about traditional trademark concepts applied to tangible goods and services to establishing a presence within evolving digital media ripe for licensing and name recognition. Use of trademarks in the metaverse can be an untapped resource to garner profit and expand the universe of consumers; however, the new format carries risks and opportunities for unauthorized third parties to try to profit off well-known names or diminish the value of a brand.
All entities would be prudent to be part of the evolution of the metaverse by broadening trademark policing strategies, strategizing a virtual presence, and seeking protection of the virtual use of their trademarks.
