Enforceability of trade mark rights in Metaverse: where virtual worlds meet legal realities

Timothée Charmeil

Journal of Intellectual Property Law and Practice, 2024, vol. 19, issue 12, 860-873

Abstract: While Metaverse is a virtual world, trade mark law is a reality. Consequently, Metaverse cannot undermine trade mark law, which is being given the opportunity to demonstrate its plasticity once again. There is therefore no need to create any false suspense: trade mark law is enforceable in the virtual world. However, the modalities of this enforceability are uncertain and thus merit in-depth study.The central question, currently the focus of much heated debate, is whether right owners need to register a new Metaverse-specific trade mark. In our view, such a registration is not only unnecessary but also dangerous. It is pointless because the courts have already confirmed that protection for real products and services extends to equivalent virtual products and services. Consequently, the infringement action loses none of its effectiveness in Metaverse. Malicious users believing they are living a dream in Metaverse could be in for a rude awakening.Finally, if re-registering a specific trade mark in Metaverse is not only useless but also dangerous, this is because one can easily lose one’s right to prohibit in the virtual world. Ultimately, re-registering a new trade mark specific to a virtual world entails a major risk: one that will prove to be very real.

Date: 2024
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