On the heels of Mark Zuckerberg announcing the rebranding of Facebook to “Meta”, along with his plans for creating a virtual reality metaverse, Nike garnered significant media attention when it was reported that it filed seven trademark applications for use on “virtual goods”1. These filings include the notable Nike “swoosh” logo and the words “Nike”, “Just Do It”, “Jordan”, and “Air Jordan”2.
In the trademark application details, Nike described the trademark registrations as intending to cover the categories of “downloadable virtual goods, namely, computer programs featuring footwear, clothing, headwear, eyewear, bags, sports bags, backpacks, sports equipment, art, toys and accessories for use online and in online virtual worlds”3. This has led to speculation that these applications are Nike’s latest efforts in exploring the metaverse, cryptocurrencies, and non-fungible token (NFT) worlds4.
As Canadian companies bring more and more of their business online, the management and protection of their intellectual property, including trademarks, will meet the complex and global dynamics of a rapidly changing virtual marketplace. In this article, we explore the evolving brave new (meta)world of virtual trademarks and their potential impact on trademark law in Canada.
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