Protection in a Virtual Reality: The Dire Need for Trademark and Copyright Law Expansion to Encompass Digital Content Within the Metaverse

Authors

Amber N. Roibu

Abstract

The Metaverse has gained much popularity in recent years, leaving some people with a feeling of uncertainty, but all the while intriguing many others. The multifaceted interactions and activities that take place within the Metaverse have made it a virtual world fertile for not only creative expression but also infringement of existing trademark and copyright protected works. Hand-in-hand with the development of the Metaverse has come the fast-growing interest in buying and selling virtual goods, properties, and non-fungible tokens. To preserve their reputation, avoid costly litigation, and ultimately uphold the exclusive rights allotted to them as intellectual property owners, trademark and copyright holders should seek protection within the Metaverse, even if they have not yet entered the realm. Alongside this business tactic, there is a dire need for expansion upon existing trademark and copyright law to expressly encompass virtual goods and services, as well as for a modernized understanding of how trademark and copyright law should be interpreted and applied.

Recommended Citation

Roibu, Amber N. (2024) "Protection in a Virtual Reality: The Dire Need for Trademark and Copyright Law Expansion to Encompass Digital Content Within the Metaverse," Touro Law Review: Vol. 39: No. 4, Article 14.
Available at: https://digitalcommons.tourolaw.edu/lawreview/vol39/iss4/14