Expanding into the foodverse: F&B companies protect digital trademarks

24 Oct 2022 --- Companies are moving to defend their brands and iconic symbols in the metaverse as efforts to build up the digital universe continue. Kraft, Moët Hennessy, Takis, Del Monte and In-N-Out Burger have recently filed for trademark protection in the US. Indian Allied Blenders and Distillers are also delving into the digital domain alongside other alcohol brands exploring how they can tap into the metaverse and what it might mean for the future of F&B.

In 2021 there was a craze for non-fungible tokens (NFTs) during the cryptocurrency bull market of that year. Now – as the initial hype settles and the real opportunities of the space are becoming clearer – food companies are experimenting with the new markets brought on by this internet-based technology, accessing the most tech-savvy users.

Through the metaverse, companies can market new products, offer discounts to customers and improve brand loyalty through fun minigames, for example.

Metaverse: Inside and outside
In-N-Out Burger also wants to provide online (but non-downloadable, as seen in the application form) virtual food and beverages for use in virtual environments. It also intends to protect its digital brand to build its online retail space.

The company also wants to create an online marketplace “for buyers and sellers of downloadable multimedia files.”

Fast food competitors are months ahead in experience with the metaverse. Wendy’s launched its Wendyverse inside Meta’s metaverse Horizon worlds in April. The company created a digital castle where one can reach the top through “teeter-tottering bacon bridges and flying biscuits.”

Wendy’s restaurant-castle in the Horizon Worlds metaverse. (Credits: Wendy's).Silicon Valley giant Meta is investing heavily in its own web3 space, even if it is a huge money drain, with the company reporting losses of US$10 billion of its metaverse Reality Labs business in 2021 alone.

Even earlier in 2021, Chipotle delved into the digital space through the videogame Roblox offering 30,000 free burritos. 

Other fast food companies using NFTs are Starbucks – which has had NFTs in its rewards program for a month now – with Taco Bell, McDonald’s, Burger King and Pizza Hut all releasing their own NFTs. 

Gaming culture is also interlinked with the metaverse, with Coca-Cola unveiling “the first-ever Coca-Cola flavor born in the metaverse this April.” Hosting immersive experiences on the video game Fortnite, the brand also created its own AR minigame and has its own sets of NFTs.

Krafting the metaverse
Food giant Heinz has moved to protect a flurry of its brands in the digital spaces.

The company is protecting the name Heinz from its ketchup, filing for similar protections as Moët Hennessy: downloadable multimedia files, online retail services of NFTs and other virtual goods and operating virtual restaurants.

Interestingly the company is also moving to provide reward discounts that apply in the physical and the online environment. “Providing an online virtual restaurant where users can earn reward points and virtual currency which may be used to purchase food and beverages in the real or virtual world.”

While smelling cheese in the metaverse is not possible, yet, Kraft is still moving to protect the digital intellectual property of Velveeta and Philadelphia cheeses. 

The company is also protecting its iconic hot dogs and American meat Oscar Mayer brand, making it possible that one could see the wienermobile in their virtual reality headset.

Furthermore, Kraft has also applied to protect the intellectual property of its Lunchables brand of food and snacks, of its Jell-O gelatin and of its Kool-Aid drinks.

Kraft is not the sole food giant trying to protect its intellectual property, as Grupo Bimbo has moved to defend its Takis chips and Del Monte is also filing for trademark protection.

Digital drinkingNFT owners can be verified through a digital receipt. Making each digital collectible unique. (Credits: Coca-Cola).
Moët Hennessy has filed trademark applications for its Moët, Moët & Chandon and Dom Perignon brands. The company is filing to create NFTs and allowing access to NFTs “by means of a QR code,” as seen in the application, previewing the company giving tokens to customers when they purchase the company’s drinks.

Moët Hennessy is also trying to protect its intellectual property for NFTs sold and given in physical and virtual events.

“Services for providing food and drink, bar services in online virtual worlds; operating virtual restaurants and featuring actual and virtual goods; operating virtual restaurants and bars online featuring home delivery,” additionally tries to trademark the company in its application.

Jack Daniels, similarly, has also filed to protect “downloadable multimedia files” authenticated by NFTs. Johnnie Walker is also delving into digital collectibles, with the company opting to release pricey limited-edition drinks that come with NFTs. 

Indian Allied Blender and Distillers has created a digital bar with its exclusively digital drinks.

“The launch taps into the growing interest among consumers and enthusiasts for their desire to experiment and doodle on the future of human and virtual relationships,” says Bikram Basu, chief strategy and marketing officer of the company.

The business is not the only one with its own metaverse space. Tequila brand Jose Cuervo has a distillery in the Decentraland metaverse, offering coupons for those who access it. 

By Marc Cervera