With the popularisation and growth of the metaverse and, of course, the proliferation of non-fungible tokens (NFTs), the world of luxury goods is expanding into digital spaces.
Versace, Tommy Hilfiger and McDonald’s are some of the brands that are already securing their trademarks for NFT-authenticated virtual goods, seizing the opportunities of the virtual world. Additionally, these brands are also exploring new branding opportunities in the metaverse, as demonstrated by Gucci’s opening of Gucci Town – a virtual space on Roblox, with a consumer base of more than 200 million.
NFTs’ growth raises a common question: how do they intersect with intellectual property rights, especially trademark protection? This article provides some pointers on navigating the tricky terrain of protection of trademarks by examining some of the guidelines emerging from the trademark offices of the US, Europe and the UK.