The term Metaverse doesn’t point to one particular place or thing. Instead, the term refers to the broad concept of the digital world, which includes technologies like virtual and augmented reality, as well features of the digital economy like e-currencies (e.g., bitcoin, ethereum, etc.) and assets existing through blockchain (non-fungible tokens). As the virtual counterpart to our world continues to grow, so too do the intellectual property issues and considerations that follow.
This presentation is aimed to serve as a primer on the Metaverse and “Web 3,” an introduction on how intellectual property rights relate to this evolving space, as well as practical tips and strategies concerning IP filing, management, enforcement, and more.
Key topics to be discussed:
What is the Metaverse and Web 3?
What relationship does intellectual property have with the Metaverse/Web 3?
Recent updates in the law with respect to IP and the Metaverse
Brand protection in the Metaverse – best practices in establishing a proactive strategy
Enforcement options – protecting IP rights in the virtual world
Date: October 27, 2022
Robert S. Weisbein | Foley & Lardner LLP
Robert S. Weisbein is a partner and intellectual property litigator with Foley & Lardner LLP. He has prosecuted trademark, unfair competition, copyright and false advertising matters for clients such as Burlington Coat Factory, Nokia, Yahoo!, Toys “R” Us and Emerson Radio Corporation. Robert has appeared in disputed proceedings before the federal courts, the Trademark Trial and Appeal Board, and before court appointed mediators as well as private mediations conducted under the auspices of the International Trademark Association, the National Advertising Division of Better Business Bureaus, Inc. and various name dispute arbitration panels.
Robert also counsels clients in the areas of trademark and copyright clearance and protection and advertising substantiation and clearance. He is a member of the firm’s IP Litigation and Trademark, Copyright & Advertising Practices.
Andy Lee | Foley & Lardner LLP
Andy Lee helps lead the Web3/NFT and Sports & Entertainment Teams at Foley & Lardner LLP. Formerly the General Counsel of the New York Jets and NY/NJ Super Bowl Super Bowl Host Committee, Andy brings more than 25 years of experience at the intersection of the sports, technology, media, and entertainment industries. His experience as an outside advisor, entrepreneur, and in-house allows him to effectively counsel organizations such as VeeFriends, the Milwaukee Bucks, Utah Jazz, 3BLAU, Superf3st, and others on Web3-related matters.
Andy is a Certified Enterprise Blockchain Professional, was recently named Lawyer of the Year in the 2023 edition of The Best Lawyers in America, and was a featured panelist at NFT.NYC 2022.
Arian Jabbary | Foley & Lardner LLP
Based in the Foley & Lardner New York office, Arian Jabbary advises on all facets of intellectual property including strategic brand counseling, portfolio management, trademark clearance and prosecution, complex licensing, and enforcement. Arian also provides intellectual property counseling in the realms of Web 3 and the metaverse. Arian has unique insight in the fashion, beauty, and luxury spaces, drawing from his experience as an international fashion photographer. Prior to joining Foley, Arian served as Associate General Counsel at Maesa LLC, a global beauty brand incubator.
Arian is a member of Foley’s Fashion, Apparel & Beauty industry team.
I. Overview of Metaverse and Web 3 to frame presentation | 2:00pm – 2:15pm
II. Discussion on what IP rights are relevant, and of particular interest, in this area | 2:15pm – 2:30pm
III. Summarize novel legal issues, and discuss recent cases and other evolving rules | 2:30pm – 2:45pm
IV. How to prepare (i.e., file for IP rights) for robust brand protection in metaverse | 2:45pm – 3:00pm
Break | 3:00pm – 3:10pm
V. Obtaining, monitoring, and enforcing protection for brands in the metaverse | 3:10pm – 3:30pm
VI. Potential infringement and the liability risks | 3:30pm – 3:50pm