Abstract: The article talks about the trend for trademarktrademarks to be exploited in immersive virtual environments, such as the metaverse, presenting case examples and suggesting strategies to protect the trademark’s identity in the digital world. The article also reveals companies that are investing in protection in this innovative scenario.
Keywords: Intellectual Property – Metaverse – TrademarkTrademark – Games
- Introduction
One of the bets of large business companies regarding innovation and technology are immersive virtual environments, built through various augmented reality technologies. The simulation of life in the virtual environment is already a technology known and used by Internet users. In games such as World of Warcraft, GTA RP and Second Life, you can be part of virtual communities and interact in real time with people from all over the world through customizable avatars.
However, the current proposal for the creation of the Metaverse, which has been shaking the international market, innovates by planning an even more immersive and interactive universe through the use of virtual reality technologies, and it is even possible to use cryptocurrencies to purchase virtual and non-virtual products within the platforms. Thus, creating an environment never seen before of reinvention in intellectual property. In fact, the metaverse as imagined, in which it will be possible to work, play and visit totally unusual places, is in creation.
- Examples on the metaverse
Therefore, some platforms are already exploring this idea, such as the Horizon Workroom, which allows users to enter a virtual reality room for work meetings. The application can be downloaded for free, but to be used it is necessary to use the Oculus Quest 2, virtual reality glasses of its creator Meta. The topic got even more notoriety with the news of the first Fashion Week in the metaverse, held in March 2022, on the Decentraland platform and featured renowned trademarks such as Paco Rabanne, Etro, Tommy Hilfiger, Dundas, Cavalli, Nicholas Kirkwood, Dolce & Gabbana among others. On the other hand, companies such as Adidas, Nike, Jordan, Balenciaga and Gucci opted for another investment: partnerships for the sale of digital products within interactive platforms.
The entertainment industry has also already taken the first steps towards the metaverse. Several American music stars, such as Travis Scott and Ariana Grande, performed in the game Fortnite through avatars.
The South Korean group AESPA went further and created avatars for its members, allowing the artists to perform with their versions in the virtual world, being common in their video clips presentation side by side.
In Brazil, the well-known digital network platform Magazine Luiza (also known as Magalu) created Lu, an avatar recognized as the most notorious virtual personality in the world. According to the article published by Revista Exame, Lu is the most followed virtual influencer in the world with 31.2 million followers on their social networks. Influencers Lucas Rangel and Nyvi Estephan also released their virtual reality avatars and created Instagram social media accounts for them.
- How to Protect Yourself on the Metaverse
However, it is important to remember that the creative environment provides violations of rights involving intellectual property. Therefore, even though the holders possess and seek conventional protection, the new environments provided by the metaverse can lead to innovative violations of law.
In the search to measure and reduce the risks of infringement of intellectual property rights with the commercialization of intangible assets, digital products will have formats of NFTs (non-fungible tokens), which hinders acts of piracy in augmented reality environments and facilitates the identification of counterfeit digital products.
However, the risks of trademark infringement stand out, because the immersive environment is a place without borders, which makes it difficult to delimit trademark law and raises the possibility of a possible violation of third-party rights. In this sense, the company that wishes to market in this environment must outline a protection strategy so that it is not penalized for infringing the prior rights of others, including those from another country.
Likewise, as a way to mitigate risks, it is advisable to register, when possible, intellectual property assets to ensure legal protection within the Brazilian jurisdiction as a favorable precedent for the protection of the distinctive sign and its performance in the desired branch. In this sense, large companies have shown interest in protecting their trademarks within the innovative marketing method, such as McDonald’s. According to the Business Insider website, the fast-food chain has requested 10 new trademark applications from the U.S. Patent and Trademark Office (USPTO) protecting “virtual food and beverage products and operating an online virtual restaurant with home delivery” proving the intention to inaugurate a restaurant in the virtual environment of the metaverse.
Still, after obtaining registration, the choice of a strategy for the protection of intellectual property rights is recommended for those who value the security, exclusivity and visual identity of their trademarks and other creations. This strategy, which varies according to the specificities and needs of each business, aims to constantly evaluate possible infractions and the appropriate measures against the responsible users, resulting in greater security for the company’s intellectual property assets.
Due to the increasing advancement of technologies and the interest of large companies, it is estimated that the metaverse will become a billionaire market in a very short time, reaching approximately US$1 trillion by 2024. Despite the uncertainties surrounding an innovative scenario, more and more companies, such as those mentioned above, invest in protection, which demonstrates the intention to act in the new market reality.
References
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