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NFT & Metaverse Trademarks – Lululemon, Death Row Records, and Aveeno Baby? [Brian’s TM Watch]

Hey everyone this is attorney Brian Russ coming at you again with another episode of Brian Trademark Watch. So today’s video really focuses on NFT’s, Metaverse and existing companies trying to stake their claim in the metaverse, trying to stake their claim to their brand in the metaverse and NF T’s and things like that. I just find this so fascinating because it is absolutely a land rush or gold rush right now for companies trying to protect their their branding, their intellectual property rights or trademark rights in the NFT world, in the metaverse world. So what we’re seeing, it seems like every single day, they’re brand names that are coming out and filing the trademark application. A lot of times, these are intent to use applications, they’re not even saying that they are using it, there’s a lot of times they’re saying hey, we intend to use it. So today’s video I’m going to go over three, actually four different applications, two from Lululemon, one from Death Row Records, and one from Johnson and Johnson. So this first one here is the Lululemon trademark application. This is for their name, Lululemon and if we look at the application, we see that it was filed May 5th, so about a week ago, and then you know, it’s just the standard character mark. So again, just the name Lululemon and then the goods and services. This is where I really look for the NFT information, look for the metaverse information. They filed for the trademark protection for the word Lululemon in two different classes, in class nine, (International Class nine) and then also international class 35, 38 and 41. And if you look, I mean so they are really putting it out there, they’re going to have many different goods and services in the metaverse. You can see right here, they say, what is it for for, downloadable virtual reality software, providing Metaverse experiences and so on. Here we have crypto collectibles, crypto art, things like that, downloadable software, software for crypto wallets. So you can see here, in class 35, they want Lululemon protected for incentive rewards programs in the metaverse. All these are internet based issues, online gaming services, providing better services for virtual communities via the internet. What I usually call these applications are kitchen sink applications. They want protection everywhere and everything and at this point because it is just a one application, that means that it’s an intent to use application. And you can see that here, filed “ITU”, intend to use. What that means is that they’re saying they have a bonafide intention to use the name Lululemon in all those different places in all those different classes. It doesn’t mean they’re actually using it there yet, but they’re saying that they do have the intent to use it. And so I’m going to switch over now, I’m going to their other application, same thing, filed May 5, this one is just their logo. It’s similar in that, you know, it’s all these different classes, class nine, class 35, and class 38. So it’s something very common, again, kitchen sink approach. They want to protect their rights now, or at least get in line to protect their rights. In the event that intent to use gets through, usually it’s like three years, really before they have to use it in commerce, right. I always tell people, you know, you’re looking at six to nine months just to hear from the trademark office. Assuming everything goes through, then you’ve got 30 days opposition period but usually, by the time the reviewer reviews it, then they’re going to proof it for publication proposition. Maybe you got 30 days before that, you have to get in line for publication and they publish it, there’s 30 days to oppose and then registration flows from there. versus a an intent to use then after the opposition period has expired. Then they give you six months to actually use in commerce, but you can keep filing extensions on it. So really, a lot of times what companies will do, they intend to use it there eventually but they really have four years before they actually have to use it in commerce. So you don’t actually see it a lot, but they got they got in line to protect it. Unknown Speaker 4:30 So the next application I wanted to look at was the application for Death Row Records. This one I found interesting only because it was for the visual mark, Death Row Records. I did not look to see if they have it for May 5th also. So like I said, like every day these things are coming through. I found it interesting because it was it was pretty sparse on the goods and services, just NFT digital media tokens. I don’t know who “December acquisition company LLC” is. Maybe they’ve purchased some rights in in in Death Row Records or the IP holder Death Row Records. I’m assuming they are. Sometimes we’ll see unsophisticated filers try to file for rights for somebody else’s intellectual property. I don’t have any reason to believe that’s the case here because there is an attorney that filed the application. So sometimes I’ll see if it’s a person filing on their own without legal counsel then sometimes they’re finally for somebody else’s rights here. I’m assuming this “December acquisition company”, obviously has the rights to do this, which is which is pretty cool. So again, I’m assuming this will come out in some type of NFT artwork, where people are doing the logo and you know, changing colors, you can own one of 10,000 or whatever it is, and they can do some little crypto token. But that’s that’s that. And then the final trademark application we’re talking about today is actually from Johnson and Johnson this one I just had a laugh at. It’s for Aveeno Baby, right so it’s for the brand. It’s just the word marks and not the actual logo. I didn’t even know if they have a logo for Aveeno Baby. But what I had to laugh about with this one is because when I think about NFT’s and the metaverse it’s very like this industry dominated by people who are not used Aveeno baby products. I’ve seen lots of crypto ads and all that and get your token and I don’t see, Aveeno Baby in those. But I mean, I don’t know maybe this is for a video game or again they’re just trying to get in line, their trying to protect the brand before it comes out. I just I just loved it because usually it’s just such a bro dominated industry, to see a trademark application for you know, baby product. I just I just laughed. So you can see here that they filed for the goods and services, you know for virtual beauty skincare skincare but again, virtual, right, it’s all virtual. Downloadable multimedia files, including NFT’s and then online retail services featuring virtual goods and delivery of physical goods. Now this one I found interesting because it sounds like what they’re doing is maybe they’re thinking about combining their online shop in some way. So that they can feature you know, they can sell virtual goods online and they can also deliver physical goods and so maybe this is some type of system where if you if you own an Aveeno baby product or token then you know you register then they’ll send you stuff every so often. I don’t know, again, this is an intent to use application. And so we’ll see what happens. I’m actually probably going to follow this one because I’m interested to see what the product eventually becomes. Because it’s just fascinating to me. Alright, that’s it for today for trademark applications kind of concerned anything concerning NFT’s in the metaverse I hope you found this interesting, and we’ll talk next time!

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