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Trademarks in the Metaverse: Everything, Everywhere All at Once

Year of Publication: 2023
Month of Publication: 12
Author(s): David Tan
Research Area(s): Intellectual Property
Journal Name: Media and Arts Law Review
Volume Number: 25
Issue Number: 4
Abstract:

While the metaverse as an immersive virtual environment is a much-debated concept with myriad definitions, what is generally agreed is that the line between the social realities about how individuals live on a daily basis and the constructed online worlds in which people choose to invest their time, money, emotion and creativity will blur as the metaverse becomes more prominent and pervasive in the future. This article discusses trademark use in the metaverse and non-fungible tokens (NFTs), and analyses how the freedom of expression can be accommodated in trademark doctrine as the law evolves to address the new challenges that technological advancement is presenting. It concludes that the metaverse may be regarded as the emerging digital carnivalesque, where individuals communicate through the use of avatars, images and videos each chosen with its semiotic freight and particular connotations understood within that community. It is in this new frenetic and dynamic digital milieu that trademark law must find its new space.

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