With the scope of the mark (TM) protection of well-accepted and understood physical goods and services, the extent to which trademarks can protect digital assets, such as non-fungible tokens (NFTs)^onetied to digital art or physical goods, is largely an open question. In particular, the legal issues related to NFT raise some interesting questions that have yet to be answered, particularly with regard to the scope of protection and the applicability of existing registered trademarks in a virtual environment. This is especially so given the lack of legal case law and delays in reforming the regulatory environment required to clarify such issues in the Metaverse.²

In Australia, the courts have not yet had an opportunity to consider the question of whether…