The metaverse provides new opportunities to captivate consumers in brand environments. A brand can, for example, produce an entire virtual world for the consumer to explore. As a real-world analogy, these virtual spaces are like immersive screens at industry trade shows: consumers enter a space defined in every respect by the brand owner. The metaverse can be a powerful tool for driving brand messaging, but it can also be a space where your brand is used against a company’s wishes. This post explores an “artistic expression” defense against trademark infringement that could become prevalent as the metaverse evolves, and could also provide a legal defense against the use of others’ trademarks online.

I. Fundamentals of Trademark Law

As background, trademarks are marks that identify the source…