Weronika Szachniewicz for Dziennik Gazeta Prawna: “Rights in the metaverse – how to effectively protect a brand and generate profits”
Virtual stores, digital collections, and NFTs that make up the metaverse are creating a real business environment in which intellectual property rights determine brand security and potential profits. A lack of a well-thought-out protection strategy in the digital world can lead to tangible financial and reputational losses – often faster than in traditional markets. In today’s issue of Dziennik Gazeta Prawna, associate Weronika Szachniewicz discusses the challenges and opportunities related to brand protection in virtual reality.
High-profile disputes over NFTs and trademarks
Practice shows how thin the line is between inspiration and infringement in the virtual world. In the high-profile case of Hermès v. Mason Rothschild, the artist created NFTs inspired by the iconic Birkin bag. The dispute ended with a ruling in favour of Hermès and a permanent ban on the sale of the MetaBirkins collection.
Another conflict involved Nike and StockX, which used images of Nike products in digital tokens without authorisation. A three-year legal battle concluded with a settlement in September 2025, demonstrating that as digital channels expand, companies must significantly strengthen their brand protection strategies.
Monetisation of rights in virtual environments
Protecting intellectual property rights is the starting point for their further commercial use—their real value emerges when they are effectively leveraged. One of the key mechanisms is licensing virtual commercial environments, currently available on platforms such as Decentraland, The Sandbox, and Roblox.
A practical example is “Nikeland”, created by Nike on Roblox, where users interact with licensed digital versions of products. Gucci launched a virtual showroom selling digital clothing, with prices of some virtual handbags exceeding those of their physical counterparts. These examples show that the digital space can be a genuine source of revenue.
Trademark registration and protection strategy
Effective protection in the metaverse requires a comprehensive approach. Trademark registration, as one element of this strategy, should precisely describe goods and services offered in the virtual world. In practice, this means including the appropriate classes under the Nice Classification.
This approach was adopted by Nike, which in 2021 expanded the protection of its trademarks to include virtual goods, enabling effective enforcement against unauthorised use of its logo on digital products.
Protective mechanisms in practice
Given the lack of clear jurisdictional boundaries and the decentralised structure of the metaverse, effective protection requires action on several levels. First, extending trademark registrations to cover relevant classes of goods and services in the digital space. Second, monitoring the metaverse – including the use of automated tools scanning blockchain activity – for unauthorised use of virtual assets. Third, ensuring robust contractual protection: licensing agreements should clearly regulate the use of trademarks and liability for infringements. Equally important is building legal awareness through transparent communication of intellectual property usage rules.
How can intellectual property rights be protected in the metaverse? How can brands be monetised in virtual environments? What are the key mechanisms for securing trademarks in the digital world?
These and many other questions are addressed by Weronika Szachniewicz in her article published in Dziennik Gazeta Prawna.
