A partner at Pryor Cashman LLP and co-chair of the Trademark Practice and Fashion Group, Dyan Finguerra-DuCharme, speaking to Law360, said she believes that the concept of tacking works for virtual goods and services because they are a “normal evolution of the previous line of goods and services,” as the appeals court required in the Apple ruling.
Nothing that some brands have generated is such a significant marketplace penetrate the customer is likely to perceive goods and services available in the meta-verse as emanating from the brand owner, she further added.
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