Can Augmented Reality help in the desperate search for the right gift?

Augmented Reality (“AR”) could be the perfect solution. AR allows users to interact with their potential purchase and to overcome the biggest obstacle often faced when shopping online, namely determining whether a certain gift is the right product and the right fit.

Brands know this. This is the reason why more and more brands are using the AR technology for e-commerce and digital advertising.

Many e-commerce companies have been integrating “try-on” AR systems on their apps and websites in recent years, allowing consumers to obtain detailed product information which is very close to that which they would get if they were examining the product in a physical environment. AR “try-on” systems allow consumers to preview products digitally in their own homes, or on their own bodies, and then instantly buy the corresponding physical product.

Companies are increasingly keen to exploit the competitive advantage offered by AR to also differentiate themselves from their competitors and to engage their consumers.

A further benefit is a reduction in returns of products purchased online. AR allows consumers to make a detailed inspection of products in the virtual marketplace, reduces the possibility of mistakes in the purchasing process and, consequently, lowers the rate of returns, with corresponding economic advantages.

To ensure the success of an AR-related business, an effective legal strategy is key. Indeed, there are many legal implications of AR, especially in the IP field.

For example:

• Brands may consider filing a patent application covering the AR software.
• AR systems can facilitate counterfeiting, a scourge already widespread in the context of e-commerce. A good filing strategy should consider this.
• While using AR technologies, consumers may create content that includes not only the brands’ products and trademarks, but also those of competitors. Under certain circumstances, this activity can be qualified as comparative or misleading advertising.
• A company can develop an AR application (especially in video games) that might show, after framing a brand or sign of a competing shop, a pop-up inviting the user to check out promotions for its own products. This conduct may be challenged by competitors.

Consideration of the legal aspects of AR will help ensure success for any gift-giving holiday.

Authored by Maria Luigia Franceschelli, Elia Salardi.