TRADEMARKING IN THE METAVERSE: CHALLENGES AND LEGAL FRAMEWORK

AUTHOR – ANKITA PANWAR, LLM SCHOLAR AT AMITY LAW SCHOOL, NOIDA

BEST CITATION – ANKITA PANWAR, TRADEMARKING IN THE METAVERSE: CHALLENGES AND LEGAL FRAMEWORK, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (1) OF 2025, PG. 1432-1436, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract

The emerging metaverse, a decentralized, immersive digital realm, poses substantial legal challenges to trademark (TM) law. As businesses expand into virtual ecosystems, TM protection and enforcement must adapt to digital commerce complexities. The risk of trademark infringement is amplified by proliferating virtual goods, digital storefronts, and brand representations, leading to consumer confusion, brand dilution, and unauthorized trademark use. Undefined jurisdictional frameworks further complicate applying traditional Intellectual Property (IP) law, raising pivotal questions about enforcement and liability. The intersection of trademark law with blockchain and non-fungible tokens (NFTs) presents both opportunities and obstacles. While blockchain enables decentralized trademark registries and authentication, it also raises concerns about enforceability and digital ownership. Similarly, NFTs, often linked to branded virtual assets, obscure the line between legitimate and infringing uses, complicating traditional trademark doctrines. Decentralized governance in virtual worlds intensifies these challenges, demanding innovative trademark enforcement and rights management strategies. Furthermore, trademark counterfeiting and infringement are compounded by issues of similarity and misrepresentation. Digital replicas of real-world products, unauthorized virtual brand placements, and deceptive domain-like spaces increase consumer deception. This necessitates re-evaluating distinctiveness, use, and territoriality core trademark principles within virtual environments. This paper critically analyses trademark protection in the metaverse, assessing existing legal frameworks and exploring regulatory and technological solutions to combat trademark infringement, counterfeiting, and misrepresentation in digital spaces.

Keywords: Trademark Law, Metaverse, Intellectual Property, Trademark Infringement, Blockchain, NFTs, Digital Counterfeiting, Consumer Confusion, Virtual Commerce, Legal Frameworks, Jurisdiction, Digital Ownership, Enforcement.