The Metaverse is a digital ecosystem, where people can experience, through an “avatar” of theirselves, e.g. virtual concerts, trips, conferences, shopping sessions, etc. while interacting in real-time with family, friends, and colleagues.
Metaverse will more and more become a parallel reality where businesses and, in particular, brand owners, will increasingly promote their trademarked goods and services by securing them from possible infringements.
A recent example of brand protection in the Metaverse is Nike, who made headlines by filing trademark applications with the United States Patent and Trademark Office for such goods and services for many of its iconic brands like NIKE, JUST DO IT, and its AIR JORDAN logo and “for use in virtual environments”. In the wake of the Nike filings, Converse also filed multiple applications to obtain trademark protection for “virtual” goods and services for its famous mark, the well-known ALL STAR CHUCK TAYLOR logo, for example, for “Downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear…, for “Retail store services featuring virtual goods, and other classes of interest. Soon after, Abercrombie & Fitch filed trademark applications for its bird and moose silhouette designs covering virtual goods in Class 9.
The Metaverse represents a new challenge and opportunity for brand owners seeking to engage consumers in a totally new and more creative space in the use of their products and services and increasing brand loyalty using digital and virtual goods and services.
As more and more brand owners seem interested in further developing the online experience, it will become of critical importance to secure trademark protection for virtual goods and services to face unpredictable and inevitable infringements.
If you are interested in protecting your existing brand in the Metaverse realm and potential future virtual marketplaces, do not hesitate to contact us for additional information
Riccardo Ciullo, Eleonora Miele