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From the dot-com era, to social media and mobile, forward-looking brands have sought to stay ahead of the curve and equip themselves for success in the next Internet age. Today, that means readying for the "metaverse" — a still largely undefined virtual environment where users (and brands) can interact with each other across immersive platforms and move seamlessly from one activity to another. Well-known brand owners are taking strikingly different approaches to this new environment — some jumping in and acquiring virtual real estate or partnering with avant-garde creators and platforms; some participating tepidly with limited releases; and others not participating at all. While it is still unknown how the metaverse will take shape, lawyers advising brands should familiarize themselves with the opportunities it presents, the risks involved, and strategies to consider for enhancing and protecting a client's brand.
The metaverse presents brands with an opportunity to reach a new audience, particularly in the realm of gaming — currently the most developed incarnation of virtual worlds. Tens of millions of (mostly young) active users engage regularly on platforms such as Roblox, Decentraland and Fortnite, spending countless hours in online environments that feature limitless opportunities for brand penetration beyond traditional gameplay. These platforms include concerts, fashion shows, e-sports events, and other social and entertainment experiences. As with billboards and real-world event sponsorship, brands can reach new consumers and enhance their relevance among a younger demographic by purchasing valuable real estate and lending their names to these events or even creating their own.
Luxury designer and apparel brands have been especially ahead of the curve. Louis Vuitton, for example, introduced an interactive game involving limited edition virtual products where users can customize their avatars with digital Louis Vuitton branding as they learn more about the designer's history by collecting memorabilia. The benefit of this foray into the metaverse is indirect; while the game is free to download, Louis Vuitton can reach a younger audience in a space more familiar to them then high-end shopping districts. More closely meshing the real-world to virtual experience, Gucci hosted an experience called "Gucci Garden," where users could enter Gucci themed rooms and purchase exclusive Gucci virtual goods. Gucci described the value of the experience this way: "While fashion and art may feel out of reach, the metaverse is bringing them closer and making them accessible for millions of people, building on Gucci's quest to empower individuals and expanding self-awareness to new virtual territories." Put otherwise, the accessibility and lower price of entry of virtual goods allows Gucci to reach a new audience, while consumers get the experience of owning a product (albeit a virtual one) from an iconic high-end brand. Nike has also been especially proactive. In addition to hosting a branded environment (dubbed Nikeland) where users can outfit their avatars with virtual Nike products, play games in their new virtual apparel, and even watch digital concerts, Nike has acquired a company called RTFKT that creates virtual sneakers and collectibles for the metaverse, positioning itself to expand its virtual offerings.
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