Specific Issues of Trademark Use and Protection in the Metaverse

Abstract

The article discusses the problem of using and protecting a trademark in the area of the Metaverse. The metaverse is a new virtual space that opens up unique opportunities for business, creativity, and user-to-user interaction. The article discusses the concept of the Metaverse and the concept of NFT, as well as gives a deeper explanation of these terms using examples. The article analyzes the features of the use of intellectual property objects, including trademarks, within the virtual space. The authors consider the risks and violations arising from the use of trademarks using the example of various virtual gaming platforms (Roblox, Fortnite, Second Life, etc.). Practical cases and examples are studied, including foreign experience, and a legal assessment of the facts of trademark infringement is given. The authors, considering the most important aspects of trademark protection in the real and virtual world, identified the key points of the problem of selling goods and services through NFT. The article discusses some issues of trademark registration used in the virtual space. Conclusions are drawn about the effectiveness of trademark registration in specific classes of the international classification of goods and services. The paper suggests ways to improve the practice of protection of intellectual property rights.