ABSTRACT
The emergence of the metaverse as a persistent, immersive digital ecosystem has fundamentally disrupted the established frameworks of intellectual property law. Where brands once confronted infringement on websites and e-commerce platforms, they now encounter unauthorised commercial exploitation across three-dimensional virtual worlds, where digital identities, avatar-linked merchandise, non-fungible tokens (NFTs), and immersive consumer experiences intersect in ways that traditional trademark doctrine was not designed to address. This article examines the adequacy and the considerable inadequacy of existing trademark law in protecting brand rights within virtual environments. Using doctrinal, comparative, and analytical methodology, this article investigates the theoretical foundations of trademark protection, charts the emerging commercial realities of branded virtual commerce, examines landmark disputes, including Hermès International v Rothschild and Nike v StockX, and evaluates the structural gaps in current law. The article finds that while courts have demonstrated a willingness to extend trademark protection to digital and NFT-linked goods, doing so through improvised application of analogue doctrines produces uncertainty and inconsistency. The key recommendations advanced include international harmonisation of virtual trademark classifications, expanded platform liability frameworks, smart enforcement mechanisms, and WIPO-led regulatory guidance. Trademark law must evolve deliberately not reactively-if it is to remain a meaningful instrument of brand protection in the digital age.
Gbaeren, Zillex Terpase and Abasi-Anyanga Ndioho Ofionime, Intellectual Property and the Metaverse: Examining Trademark Protection in Virtual Worlds (June 26, 2026).
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