If ink were still being spilled to write about things, tanker loads would have been exhausted speculating about the trademarks metaverse in association with blockchain endeavors, most particularly NFTs.
There is a general sense that trademark rights will still be governed by traditional laws, and that anyone using a trademark in the metaverse or in any other cyberspace-type application will still be subject to the usual laws if, say, you are confusing consumers, or in the case of very certain strong trademarks you are somehow diminishing or blurring the relationship between the trademark and its owner, you are an infringer and violating their rights. Whenever a new technology has come along, there has been a clamor about “fair use” and why using someone else’s property is not confusing or not infringement. In the case of the metaverse – or most online uses – there is always someone who claims that a well-known brand has no presence in the online arena, and so no one can be confused.
Whoever thinks that all brands – not just major brands – are not going to jump into any new technology that comes along just has not been paying attention. Always, the association between a brand and new uses has been shown to be incredibly strong. Do consumers forget their brands when they show up in a new place – or do they say, “nice to see you here”? Almost always, it’s the latter.
But over time there has been one exception, and it has been beyond monumental...
read more (forbes)
There is a general sense that trademark rights will still be governed by traditional laws, and that anyone using a trademark in the metaverse or in any other cyberspace-type application will still be subject to the usual laws if, say, you are confusing consumers, or in the case of very certain strong trademarks you are somehow diminishing or blurring the relationship between the trademark and its owner, you are an infringer and violating their rights. Whenever a new technology has come along, there has been a clamor about “fair use” and why using someone else’s property is not confusing or not infringement. In the case of the metaverse – or most online uses – there is always someone who claims that a well-known brand has no presence in the online arena, and so no one can be confused.
Whoever thinks that all brands – not just major brands – are not going to jump into any new technology that comes along just has not been paying attention. Always, the association between a brand and new uses has been shown to be incredibly strong. Do consumers forget their brands when they show up in a new place – or do they say, “nice to see you here”? Almost always, it’s the latter.
But over time there has been one exception, and it has been beyond monumental...
read more (forbes)
