Brands that have filed metaverse trademarks—and what it all means

Following Meta's and Nike's lead, several food, entertainment and retail companies have filed trademarks to sell virtual goods.

Mar 1, 2022 - 21:02

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Brands that have filed metaverse trademarks—and what it all means

The nascent metaverse, which is an immersive online world that incorporates an enhanced reality with other emerging technologies, is welcoming new brands on a daily basis. Amid the rise of non-fungible tokens and Web3, the next iteration of the internet, brands ranging from Nike to defunct Blockbuster have actively sought to claim prospective assets by filing trademarks. The United States Patent and Trademark Office has seen a surge of registrations for brands to protect themselves in these digital worlds.

“This was not on my radar 12 months ago and now it’s an everyday conversation I’m having,” said trademark attorney Josh Gerben. “It shows you how real this technology is getting.” Gerben notes his firm Gerben Intellectual Property has seen an influx of companies filing trademark applications to offer virtual goods.

But it is unclear just yet whether all the brands that have filed such trademarks are doing so to roll out virtual goods, or if they are just trying to protect their brands in the next iteration of the internet. Nike filed a suit against online reseller StockX earlier this month, for selling unauthorized images of Nike shoes. It marks the first trademark lawsuit around non-fungible tokens, but it certainly is unlikely it will be the last.

Here's a look at some of the brands that have recently filed trademarks related to the metaverse and the potential plans for virtual worlds.

Monster Energy

The energy drink company that encourages consumers to “Unleash the Beast” and has the second-highest share of the energy drink market, filed a claim on Feb. 18 to sell “downloadable virtual goods in the field of beverages, food, supplements, sports, gaming, music and apparel,” according to the USPTO. Monster Energy may also look to launch blockchain tokens of virtual goods, including beverages and beverage ware for shopping purposes.

Chuck E. Cheese

Chuck E. Cheese filed trademarks for “Chuck E. Cheese Metaverse” and “Chuck E. Verse.” Parents may no longer have to stress about taking their children to visit the home of the animatronic rat because, under their filings, they intend to offer “virtual food and beverages,” as well as “virtual arcades, concerts and theatrical performances.”

Hugo Boss

Hugo Boss filed a trademark application titled "BOSS" on Feb. 15 to sell virtual clothing, footwear and watches, as well as household items like utensils, linens and fragrances. The German mid-level luxury brand may also be looking to host virtual fashion shows in the metaverse.

Victoria's Secret

Lingerie giant Victoria’s Secret filed a trademark application to sell “downloadable virtual goods” in digital worlds. The company has also registered to trademark “retail store services featuring virtual goods” for use in virtual environments and virtual fashion shows.

McDonald's

McDonald’s filed at least 12 trademark applications on Feb. 4 for “virtual food and beverage products.” The emblematic golden arches were part of the applications, as well as its in-house coffee brand “McCafe.” “McDelivery” was also coined as part of the company’s plan to operate virtual restaurants that gamers could enter to purchase food items, which would then be delivered in real life.

Panera Bread

“Paneraverse” is the company’s identity and brand name under which it has applied to set up restaurants in the virtual world. They have registered to trademark NFTs “for facilitating commercial transactions,” which would allow those in possession of the non-fungible tokes to purchase food and beverages in their online restaurants and cafes. Like McDonald’s, the brand plans to offer home delivery services for online orders.

Skechers

Skechers filed eight trademarks in January to sell virtual goods, including footwear, clothing and other sports equipment. Along with the Skechers name and logos, “Twinkle Toes,” “Arch Fit," “Go Walk" and “Bobs” were phrases claimed by the company.

Blockbuster

Blockbuster, the all but defunct movie rental business that's been owned by Dish Network since 2011, is looking to make its comeback in the metaverse. The company filed a trademark application on Jan. 20 for a Blockbuster-branded digital currency and an NFT marketplace. The filing also included “online gaming services in the nature of a metaverse and metaversal environment.” Essentially, Blockbuster's filing is looking to allow the company to do nearly anything at all crypto-related under its name.

In December 2021, a decentralized autonomous organization (DAO) was selling BlockbusterDAO NFTs to purchase the company and convert it into a decentralized streaming service. These investors have made no new claims since then.

Brooklyn Nets

The New York basketball team became the first sports team in America to announce plans to enter the metaverse, filing three trademarks for “Netaverse.” Digital creations of its merchandise and virtual broadcasts, such as live games and replays, were also among the services the team will seemingly be providing.

Puma

Puma is another sporting brand aiming to appeal to young consumers by filing trademarks to sell virtual clothing, footwear and sporting accessories. The company's January filing includes, “digital animated and non-animated designs and characters, avatars, digital overlays and skins,” meaning gamers could customize their virtual personas in Puma gear.

New Balance

New Balance filed three trademark applications on Jan. 13. New Balance-branded virtual shoes, clothing and sports equipment may be available in the digital markets to compete with other sneaker brands, including Nike and Puma.

Lawn Care

The metaverse may become a home away from home now that Scotts Miracle-Gro and Ortho filed trademarks in January that could provide gamers with virtual lawn care products. Both companies are setting themselves up to offer virtual grass seed, fertilizer, lawn food, insecticides and gardening tools. Virtual neighbors could potentially compete to see who grows the best yard.

Sports Illustrated

The magazine has initiated a plan to enter the metaverse through the release of NFTs. Sports Illustrated's owner, Authentic Brands Group, filed trademark applications on Dec. 22 that would allow it to launch several downloadable art images such as trading cards, magazine covers and sports highlights, according to USPTO filings. The magazine will also look to distribute entertainment services, clothing and footwear for use in virtual environments.

Under Armour

The sportswear brand partnered with Golden State Warriors' point guard Stephen Curry to promote their virtual sporting goods. The partnership first trademarked Curry’s “SC3” logo on Dec. 10. Then on Dec. 21, they released their first NFT: a digital replica of Curry’s shoes worn when he broke the record for most three-point shots in NBA history.

They worked with blockchain game developers to launch five different versions of the Curry Flow 9 NFTs, which sold out in minutes. Each purchaser received a random NFT with a varying degree of rarity. Digital platforms created by the blockchain game developers offered players in-game assets for wearing the shoes.

Walmart

Walmart filed 21 trademarks in December that touch upon seemingly every imaginable application—including a full range of cryptocurrency, NFT and other metaverse services for suppliers. The retail giant is also looking to sell virtual merchandise that's as vast as its in-store offering. Electronics, appliances, indoor and outdoor furniture, home decor, and toys are among the many goods covered in the filing.

Nike

Nike filed seven trademark applications in November 2021, including the “Just Do it” slogan and swoosh logos. The “Air Jordan” and "Jumpman" logos were also trademarked for use in online virtual worlds. This move hints towards the potential selling of virtual footwear and other sports equipment.

Nike continues to make other efforts to expand into the metaverse. It has partnered with Roblox to host NIKELAND, a 3D world where players can compete in a series of mini-games. The company has also acquired RTFKT, an NFT creator that develops sneakers and other digital artifacts.