Akerman’s Rola Daaboul on what brands can do as rules of the metaverse are established.
“People are in a rush right now because the metaverse infrastructure is being built out at a rapid speed, so the digital world and Web3 are all at the top of people’s minds,” Daaboul said. “And major and minor brands are flocking to this as another avenue to get their brands out to get sales up.”
“What happens if you don’t do this is that, because you’ve got this anonymous and pseudo anonymous threat [in the metaverse], it’s very hard if you don’t protect yourself at the outset to go and find those infringers and enforce your rights after the fact because then the proof of ownership burden falls on you in court,” she said.
, alleging trademark infringement and dilution over his MetaBirkins NFTs resembling furry versions of Hermès’ signature Birkin. The complaint described Rothschild as “a digital speculator” with a scheme to “rip off Hermès’ famous Birkin trademark by adding the generic prefix ‘meta.’”
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