The Leaves Just Picked Of Hermes NFT Case And The Spouting Of Metaverse: Just A Peek If Scattering Waters Are There In India
- IJLLR Journal
- May 14
- 1 min read
Dr Nair Swathy Balasaraswathi, Assistant Professor, Kerala Law Academy Law College, Trivandrum, Kerala
The thaumaturgy of virtual fingers are making our economy an invisible story telling filed with invisible bosom buddies...
ABSTRACT:
Trademarks are source-identifying marks that show consumers where a product or service comes from. Trademark law aims to prevent consumer confusion and promote fair competition. In the marketplace, it is essential that consumers know where goods and services come from, so that they know what they are getting when they buy, and brands are an incentive to build a reputation for providing quality goods. While the owner of a trademark has the right to use it in commerce and exclude others from doing so, there are "fair use" defenses to infringement that prioritize fair competition and other rights over the interests of the trademark owner. Another fair expressive use of trademarks is in works of art. Whether such use is permitted is governed by the "Rogers test". The use of trademarks in the metaverse is a relatively new matter, but analogies can be found with earlier cases involving video games. Because the Rogers test is so biased towards free speech. Our globe is an enchanting one; the thaumaturgic fingers of the genius humanness are moulding it to more sorcerous and spectral with automated technologies.
Keywords: Metaverse, Non-Fungible Tokens, Fair Use, Trademark, Brands
