Protecting Trademarks and Source Identifiers in the Metaverse: Implications for Existing IP, Risk Mitigation

Course Details
- smart_display Format
On-Demand
- signal_cellular_alt Difficulty Level
- work Practice Area
Trademark and Copyright
- event Date
Tuesday, December 20, 2022
- 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 the protection of trademarks and source identifiers in the metaverse. The panel will discuss how companies are currently protecting source identifiers and how they can be used in the metaverse. The panel will examine the potential liability risks, what entering the metaverse means for their existing marks and source identifiers, and 2D and 3D marks and trade dress. The panel will offer best practices for protecting trademarks and source identifiers in the metaverse.
Faculty

Mr. Brooke handles matters ranging from serving as litigation counsel in major intellectual property disputes across the globe, to initial counseling and trademark selection, copyright and trademark registration around the world, licensing, and technology transfers. Related matters include drafting and interpreting agreements regarding ownership and use of names, images, photographs, software, trade secrets, music, and other IP. Mr. Brooke ranks among the most prolific filers of U.S. trademark applications and has strong relationships within the USPTO. He currently serves on the INTA's Internet Committee, working to craft worldwide policy on domain name abuse. Mr. Brooke previously served as chair of the INTA's U.S. Legislation Committee, where he helped craft the Federal Anticybersquatting Piracy Act and the Federal Trademark Dilution Act.

Ms. Remien regularly advises companies on all aspects of intellectual property, with a focus on development, management, and enforcement of domestic and international trademarks. She assists companies in protecting, leveraging, and enforcing intellectual property assets. Her practice involves prosecution, enforcement, and licensing of intellectual property for companies large and small. With more than 20 years of experience, Ms. Remien effectively and efficiently guides clients through the process to select and clear trademarks, protect and enforce copyrights, review and clear digital and print advertising, enforce trademark assets through Trademark Trial & Appeal Board oppositions and cancellations, and leverage such assets through consent, licensing, sponsorship, and joint venture arrangements. She has represented large, multinational corporations and small manufacturers and retailers in a broad range of diverse industries. Her practice also involves matters concerning right of publicity, false advertising, and domain name disputes before WIPO and the National Arbitration Forum. Ms. Remien brings prior in-house experience to her practice and approaches each matter with a keen understanding of not only the legal issues but also the underlying business issues that affect a business’s decisions.

Ms. Maynard guides her clients through all aspects of domestic and international brand-building and brand management. She analyzes and assesses the benefits and risks associated with adopting new brands, prepares and implements strategies for the development of new brands, and protects and expands established brands. Ms. Maynard represents clients before the Trademark Trial and Appeal Board and litigates cases involving complex trademark, trade dress, advertising, copyright and design patent issues in federal court. She also negotiates complex license and settlement agreements, advises on domain names and social media, and counsels on the proper use of trademarks and trade dress.
Description
The metaverse is shared interactive and collaborative virtual 3D worlds, where people can work and play. As companies engage in the metaverse, working to increase brand loyalty, they should consider the potential impact to their brands and source identifiers and take steps to protect both.
It is important to protect the brand by obtaining IP protection for virtual goods and services. This may involve both two-dimensional and three-dimensional source identifiers. However, new 3D source identifiers may not meet the requirements for trade dress protection. Brand owners who do not secure their trademark rights for virtual goods and services may find it difficult to combat infringement and effectively enforce their rights in the metaverse.
Brand owners should keep in mind that the use of source identifiers in the metaverse can affect the company's IP rights in the real world. Failing to protect their IP rights in both the real and virtual world could prove detrimental to companies.
Listen as our authoritative panel examines how companies are currently protecting source identifiers and how they can be used in the metaverse. The panel will examine the potential liability risks, what entering the metaverse means for their existing marks and source identifiers, and 2D and 3D marks and trade dress. The panel will offer best practices for protecting trademarks and source identifiers in the metaverse.
Outline
- Use of source identifiers in the metaverse and how they can be protected
- Liability risks
- Implications of being in the metaverse for current trademarks and source identifiers
- Best practices for protecting marks and source identifiers in the metaverse
Benefits
The panel will review these and other important issues:
- How should counsel use IP laws to protect source identifiers and trademarks in the metaverse?
- What are the obstacles to protecting a company's IP in the metaverse?
- What best practices should counsel employ to protect and enforce source identifiers and marks in the metaverse?
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