As demand for NFT continues, Saks Fifth Avenue and Elf among companies looking to register trademarks

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Elf Cosmetics made headlines this summer when it revealed it would convert some of its most popular beauty products to non-fungible tokens (“NFTs”) – or “Ne.lfTs” as the beauty brand. invented – and would allow fans to own “animated representations of their favorite elf products,” including her Golden Poreless Putty Primer Dime, Golden Camo 1600 Hour Concealer, and Golden Ride or Die Lip Balm. Ongoing behind the scenes at Elf’s big NFT revelation, his attorney was working on his own crypto-centric project, seeking a trademark registration with the United States Patent and Trademark Office (“USPTO”) for “Crypto Cosmetics.”

In the June 16, 2021 registration application, which was filed on an intent-to-use basis, Elf’s attorney claims that the Oakland, Calif., Based mark seeks to use the “Crypto Cosmetics” mark. “in class 9, and namely, in relation to” digital media, namely digital collectibles, digital tokens, non-fungible tokens (NFT) and digital art…

The 17-year-old beauty mark also claims intended use in Class 42, including: representing a collector’s item and exhibiting collectible images, sound, video and digital art, ”as well as“ the provision of on-line computer services in the form of generating and displaying digital tokens, namely, non-fungible tokens (NFTs) … to represent a collector’s item item and comprising collectible images, audio, videos and digital art.

Elf’s application, which is still pending before the USPTO, is remarkable, as it is one of the first attempts by a beauty brand to register a trademark for use in the burgeoning field of NFT (i.e. unique crypto tokens managed on the blockchain), which has captured the interest of consumers and brands in significant ways since the start of the year, especially with fashion / luxury companies ranging from Louis Vuitton, Gucci and Burberry to DKNY, Dolce & Gabbana and Karl Lagerfeld the brand is launching unique tokens hosted on Ethereum as a way to connect with new consumers.

Fast forward to September 17, and Saks.com LLC – the independent e-commerce arm of Saks Fifth Avenue, which split from the main Saks entity this spring – filed for registration for the word “SAKS To be used in the context of NFTs. Among the long description of Class 9 products / services listed in the retailer’s application are “non-fungible tokens used with blockchain technology to represent a collector’s item; non-fungible tokens containing collectible images and videos; [and] non-fungible tokens containing digital art; digital tokens used with blockchain technology ”, as well as“ digital tokens used with blockchain technology to represent a collector’s item ”.

In addition to filing an application in the United States, Saks is also seeking to register the same mark for use on NFTs in Canada, Australia, Singapore, the European Union and New Zealand, with the applications apparently putting in place light an impending decision by the Hudson’s Bay Company-owned retailer to interact with consumers around the world – and presumably add value to its online shopping experience – through NFT. Although, as of yet, it’s unclear exactly what will look like, as Saks has yet to claim actual use of the mark.

During that time, RTKFT was one of the very first fashion / footwear players to make waves in the multibillion dollar NFT market; after all, it sold 621 pairs of Fewocious NFT sneakers in minutes in March, for $ 3.1 million in revenue. He has since collaborated with famous Nike collaborator Jeff Staple for an NFT version of a sneaker called the Metapigeon Pigeon Dunk SB, which was released in May.

The 2-year-old company – which was valued at just over $ 33 million in May as part of a fundraising round led by Andreessen Horowitz – has also been at the forefront of the fledgling business model. starting to file trademark registration applications in the NFT domain. Since March, the digital fashion brand has filed applications with the USPTO for its name (which is pronounced “artifact”) and word marks like Meta Haze, Krypto Kush, Metamall, Metawear, Cybersneaker and Metajacket, among others. , as well as its logo, which consists of “a stylized design of a blade”, to be used in connection with “downloadable virtual goods” and “virtual goods, namely non-fungible digital asset tokens used with the technology blockchain to represent a collectible item ‘, and in some cases, physical shoes.

Interestingly, while RTFKT, Saks and Elf, along with the Basquiat Estate and the Andy Warhol and Keith Haring foundations, among others, sought to register their trademarks with the USPTO for use on NFTs, the larger ones Luxury names have been slower to seek registrations in the United States and abroad. (This does not mean, however, that they do not accumulate trademark rights as a result of their use of the Trademarks in the NFT space, as they are, as the rights are acquired in the United States due to the ‘use, not recording.) Considering the continued appeal of NFTs, as well as virtual fashion (like the accessories Gucci offered in collaboration with Roblox earlier this year), and considering that others – like Virtual Rights Management, which filed for registration for Aria (which also happens to be the name of Gucci’s first NFT foray) for use in NFTs and NFT markets – aim to raise money. records in this space, there’s a good chance that brands will actually start to do the same.

Overall, just over 600 NFT-specific trademark registration applications have been filed with the USPTO since 2018. Globally (which also includes U.S. applications), the The World Intellectual Property Organization lists 158 applications for registration for NFTs, the first application having been filed in August 2018 by Ozone Networks for the trademark “OPENSEA” for use in connection with the “creation of retail stores in the United States. Online retailing for third parties in the form of a web service that allows users to create collectibles and blockchain hosted crypto non-fungible token stores. The market has since been valued at $ 1.5 billion.


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