Exploring some trademark issues in
metaverse from EU law perspective Cover Image

Exploring some trademark issues in metaverse from EU law perspective
Exploring some trademark issues in metaverse from EU law perspective

Author(s): Karolina Sztobryn
Subject(s): Civil Law, ICT Information and Communications Technologies, EU-Legislation
Published by: Temida 2
Keywords: Metaverse; trademarks; NFT; infringement;

Summary/Abstract: This article addresses some issues of trademark protection invirtual worlds. The increasing presence of trademarks in themetaverse, as evidenced by the growing number of trademarkapplications for virtual goods and services, is likely to intensify legalconflicts related to trademarks and, consequently, to lead to litigation.The development of virtual reality thus brings challenges for theinterpretation and application of traditional concepts and terms usedin the trademark system. This article analyzes issues that requireconsideration in the context of trademark protection in metaverse. Itdiscusses the issues of registering trademarks for virtual goods,assessing the similarities between real world goods and services andtheir virtual world counterparts, and the enforcement of the rights totrademarks, which were used without the owner’s consent inmetaverse. The analysis presented in the article leads to theconclusion that further development of the metaverse will certainlyforce a redefinition of traditionally applied enforcement principles,including those related to jurisdiction, as well as certain conceptsknown and interpreted for the application of the trademark system inthe real world, such as trademark use.

  • Issue Year: 8/2024
  • Issue No: 1
  • Page Range: 17-24
  • Page Count: 8
  • Language: English
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