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Brand Protection in the Metaverse: Obtaining, Monitoring, and Enforcing Trademarks; Mitigating Risk

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Thursday, July 13, 2023

Recorded event now available

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This CLE webinar will guide IP counsel on protecting brands in the metaverse. The panel will discuss trademark protection of brands in the metaverse and the use of protected works and third-party marks. The panel will examine potential infringement and the liability risks, as well as what steps brand owners and their counsel can take to mitigate those risks.

Description

The metaverse is shared interactive and collaborative virtual 3D worlds, where people can work and play. For example, a person can purchase merchandise with cryptocurrency, and after buying the merchandise, they can wear or use it and then lend it to a friend in the metaverse.

As brand owners work to engage with new consumers and increase brand loyalty, it is important to protect the brand, obtaining trademark protection for virtual goods and services. The USPTO has seen an uptick in new applications to register marks for use of the brand in virtual reality.

Brand owners who fail to secure their trademark rights for virtual goods and services may find it difficult to combat infringement and effectively enforce their rights in the metaverse.

Listen as our authoritative panel of IP attorneys examines trademark protection of brands in the metaverse and addresses the use of protected works and third-party marks. The panel will also examine potential infringement and the liability risks, as well as what steps brand owners and their counsel can take to mitigate those risks.

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Outline

  1. Trademark protection in the metaverse
    1. Obtaining
    2. Monitoring
    3. Enforcing
  2. Liability risks
  3. Risk mitigation
  4. Best practices

Benefits

The panel will review these and other important issues:

  • How should counsel use trademark laws to protect IP in the metaverse? Will augmenting trademarks create a likelihood of confusion?
  • An update on the ins and outs of registering trademarks that will be used in the metaverse
  • What are the hurdles to protecting brands in the metaverse including an update on the new NFT and metaverse trademark cases including the Hermes and the Ryder Ripps NFT decisions?
  • What are the unique implications of licensing trademarks for use as NFTs and in the metaverse?
  • What best practices should counsel employ to protect brands and enforce trademarks in the metaverse?

Faculty

McGinn, Nerissa
Nerissa C. McGinn

Partner
Loeb & Loeb

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media,...  |  Read More

Wiznitzer, Lisa
Lisa Wiznitzer

Attorney
Loeb & Loeb

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology....  |  Read More

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