You have probably heard the term “metaverse” many times but the question is, what does “metaverse” actually mean? Put broadly, metaverse is the concept of creating a digital life in a digital world. The idea may seem bizarre at first read… but many of us already have a significant “virtual life.” For example, consider the time you spend online communicating with others–whether it be FaceTime, email, text, or social media. Think of the avatars many of us make for video games and/or social media platforms. And think of virtual reality technology such as the Oculus VR technology that allows us to experience a form of “digital reality.”
The rise of popularity and utilization of the metaverse has caused businesses to begin preparing for the unknown, namely, businesses are preparing to protect their brand’s usage in the metaverse. Businesses such as Nike, have filed at least seven new trademark applications since October 27, 2021. Nike’s applications consist of many of its well-known marks, including: Nike’s famous swoosh logo, “Just Do It”, “Jordan,” and more. Specifically for Nike, these new trademark applications are for goods and services in international classes 9, 35, and 41. These classes consist of language such as “Downloadable virtual goods” from international class 9; “Retail store services featuring virtual goods” from international class 35; and “Entertainment services, namely…accessories for use in virtual environments” from international class 41. Currently, while there is no clear-cut answer for how to protect your brand in the “metaverse,” it is clear that businesses are certainly taking precautions.
Nike isn’t the only well-known business to make preparations for use of their brand in the digital world. Walmart, Crocs, and Coachella Music Festival are among the many businesses to capitalize on this new opportunity. Celebrities such as Jay-Z and the Estate of Kobe Bryant have also filed their fair share of trademark applications within these “digital-world and digital goods” classes.
The timeline for a functional metaverse consumers use remains unclear, but preparations are certainly underway. How these trademarks will be used, distributed, and monetized will likely develop over time.