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

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
Intermediate
- work Practice Area
Trademark and Copyright
- event Date
Thursday, July 13, 2023
- schedule Time
1:00 p.m. ET./10:00 a.m. PT
- timer Program Length
90 minutes
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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.
Faculty

Ms. McGinn’s practice focuses on matters involving the convergence of advertising and promotions, emerging media, technology, privacy, and intellectual property law. She works with many of the best-known brands in the country, including H&R Block and the Wm. Wrigley Jr. Co. and its confection brands. Embracing a business-minded approach, she helps clients develop new brand assets and assists them in promoting and advertising their brands and products. Clients--including Turner Broadcasting and its programming properties, for which she handles trademark clearances for new shows, web properties, interstitials and sweepstakes--regularly turn to Ms. McGinn for trademark counseling services. In the advertising and promotions facet of her practice, she works with clients on sweepstakes review, copy review, and promotion design and fulfillment, with an emphasis on internet and interactive advertising and promotions. Ms. McGinn also provides legal services for digital companies and app developers, handling a variety of IP matters and privacy policies and practices relating to websites and mobile applications. As a thought leader in her industry, she frequently speaks at events and conferences. Ms. McGinn also serves as the firm’s first chief diversity partner and co-chair of the Diversity Committee.

Ms. Wiznitzer maintains a transactional practice focused on advertising, media, entertainment, sports and technology. She is experienced in drafting and negotiating a wide range of commercial, corporate, entertainment, sports and financial service agreements and transactions. Specifically, Ms. Wiznitzer advises clients on matters associated with intellectual property, licensing, brand protection and sponsorship, as well as in connection with joint ventures, M&As, broad corporate transactions, new ventures and general corporate matters. Notably, she has worked with professional sports teams and leagues on a variety of corporate and commercial transactions.
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.
Outline
- Trademark protection in the metaverse
- Obtaining
- Monitoring
- Enforcing
- Liability risks
- Risk mitigation
- 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?
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