Virtual Reality and Augmented Reality: A New Reality for Brand Owners?

Tony Onorato, Guido Asshoff, and Jaime Castillo

©2018. Published in Landslide, Vol. 11, No. 1, September/October 2018, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

As with any new technologies, including virtual reality (VR) and augmented reality (AR), such innovations on the verge of gaining acceptance among the mainstream population could potentially give rise to legal concerns surrounding trademark protection. Many companies are using VR/AR applications to market their brands to consumers but are concerned about where and how their trademarks are really being used, with many new possibilities of unauthorized trademark use, infringements of intellectual properties, and counterfeiting. It is yet to be seen what the future will bring, but digital use of trademarks in VR and AR technologies and the potential impact on trademark owners is fundamental to brand protection.

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