The Metaverse; is a video game, is a virtual world, or something else? Basic definitions of the metaverse indicate that “A metaverse is a network of 3D virtual worlds focused on social connection”. The Metaverse does exist in the virtual world on platforms such as Sandbox, Decentraland, Roblox, and Fortnite.

Infringement of Intellectual Property in the metaverse presents a new challenge for brand owners. Trademark owners should seek innovative solutions to confront the issue.

The issue of territoriality within the virtual world is another concern from brand owners. There are no national boundaries on the virtual world. What law applies? Where would disputes be adjudicated? Court jurisdiction, with some exceptions, is limited to acts committed within the territorial borders of a state.

The concept of “meta jurisdiction” has been discussed, however, as it most often happens, technology innovations happen first, and regulations are developed later on.

Until those regulations are developed, what can a brand owner do now to stop third parties that are betting on the first-come, first-served basis on the race to own the metaverse?

  1. Filing for protection of your existing brands existing in the physical world to protect it for virtual goods and services.;
  2. Positioning your brand in the virtual world by taking your real life and real-world goods and services to the virtual world of goods and services to stop third parties from misusing your brand in the virtual world; and
  3. Constantly monitoring, both the physical and virtual world, for potential infringing activities and take actions against those who infringe on your brands.

I’d like to help by advising you on how to protect your trademarks both in the physical and virtual world, monitor your brands for potential infringing activities, and consequently enforce those rights.

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