Brand visibility in virtual environments is not an idea exclusive to the developing Metaverse. Computer games and other forms of entertainment media have included well-known logos and other trade marks for many years. There were apparently quite a few “fake” user-generated commodities in Second Life. Readers may also be reminded of the lawsuit alleging trademark infringement in connection with the purchase of digital versions of “SexGen” mattresses. In accordance with EU and UK trademark law, the owner of a trademark has the right to prevent a third party from using a mark that is identical to or confusingly similar to theirs.

Related post: Virtual products and NFTs can be safeguarded through trademark filings

Any claim will only be valid if the third party used the sign while engaging in commercial activity involving goods or services. The use must be done commercially and in connection with goods and services. Any allegation of the possibility of confusion will fail if the brand is not in any way connected to a product. When the assets bearing the mark enter the market the line will be crossed. Fan-made products with recognisable signs that aren’t being sold commercially may not be covered by trade mark legislation. If the platform allows virtual products to be transferred between one another, increasing their real-world value, a business environment may emerge. 

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