International Trademark Association publishes white paper on trademarks in the metaverse

The International Trademark Association published two white papers on 14 April, on trademarks in the metaverse and non-fungible tokens (NFTs), which examine these new technologies in the context of intellectual property. The association is calling, in both reports, for harmonisation of the classification of trademarks. The white papers recommend the following: guidelines for courts and tribunals with an emphasis on their ability to exercise flexibility when determining enforcement in the metaverse; educational materials regarding ownership, licensing, and assignment of trademarks across physical borders and metaverse platforms; and recognition of how NFTs and other intangible assets no longer fit neatly into existing legal doctrines, especially in the case of fair use, artistic freedom, and the first sale doctrine, and a call for new legal frameworks to be developed to keep up with emerging platforms and digital ecosystems.