CIVIL-LAW REGIME OF TRADEMARKS IN THE METAVERSE (EXISTING ISSUES AND PROPOSALS FOR THEIR SOLUTION)

Abstract

This article provides a scientific and theoretical analysis of the civil-law regime of trademarks in the metaverse, as well as the legal nature of intellectual property relations arising in the virtual environment. It explores the civil-law status of new categories of digital objects emerging as a result of the development of blockchain, NFTs, artificial intelligence, VR/AR technologies, and 3D digital environments, including virtual goods, metaverse stores, avatars, digital collections, and virtual services. The article substantiates the insufficiency of existing legal mechanisms for assessing such violations as virtual trademark misuse, NFT counterfeiting, metaverse cybersquatting, unauthorized 3D logo replication, and illegal use of trademarks in virtual advertising; and identifies the challenges associated with determining jurisdiction and the need to develop special criteria for evaluating the “likelihood of confusion” in the digital environment. The article also analyzes international judicial precedents Hermes v. MetaBirkins, Nike v. StockX, Yuga Labs v. Ryder Ripps which shed light on doctrinal approaches to applying trademark law to NFTs and virtual objects. The author proposes developing legal norms at both national and international levels defining categories such as “virtual goods”, “NFT goods”, “virtual services”, “digital counterfeiting”, and “metaverse branding”. The article further emphasizes the need to determine the legal nature of NFTs, establish rules for choosing jurisdiction and applicable law, and develop standards of liability for digital infringements.