Posts by Samuel Alen

The term “VTuber” originated from early forays into a new form of content creation, “virtual YouTubing,” in the mid-2010s as media companies and individuals alike discovered the initial popularity of content based around a talent piloting a digital model of themselves in videos and livestreams. One of the first major hits in this space was Kizuna AI, which featured a Japanese actress who produced short skits on YouTube behind a 3D motion-tracked anime-style model for the company Activ8. 

While corporate-sponsored VTubers today frequently use motion capture suits like those employed for realistic videogame character animation, many VTubers pilot their models using just VR headsets and some additional trackers on their bodies. However, the most common method of VTubing uses a 2D model tracked via an iPhone’s IR cameras.

As the name suggests, VTuber content was initially primarily distributed via YouTube. However, after interest in VTubing skyrocketed during the COVID-19 lockdown, streaming services like Twitch and BiliBili (based in China) became hotspots for these talents as well. Advances in 2D and 3D motion tracking technology, compounded by artists and model riggers developing their skills in tandem, have led to a vast and growing content-creation subsector of virtual entertainers. These VTubers can amass tens of thousands, hundreds of thousands, and sometimes millions of followers with their highly detailed and realistically moving anime-style avatars.

While indie VTubers operating on their own can choose to livestream content of their choice either individually or in collaboration with others as they like, “corpo” VTubers affiliated with VTuber agencies are sometimes only allowed to collaborate with other VTubers from the same agency. “Corpo” VTubers may also be subject to restrictions on the kinds of games they can play or topics they can discuss. 

VTubers can monetize their content in a variety of ways, including through advertising, sponsorships, subscriptions, memberships, tipping, and virtual events. Some also sell merch featuring their avatars, which can include stickers, posters, clothes, plush toys, CDs, digital backgrounds, and more.

Vtuber Trademark Portfolios

‍Large Agencies

Larger agencies such as Hololive and Nijisanji sometimes represent hundreds of virtual content-creating talents. Such companies generally retain ownership of all aspects of the VTuber’s brand, as each persona and its associated branding are developed entirely in-house. However, agencies differ in their approach to what they register as a trademark and in which jurisdictions.

Hololive, for example, holds a massive trademark portfolio of 144 registered or pending trademarks in its home country of Japan and 153 registered or pending trademarks through the World Intellectual Property Organization (WIPO). Their WIPO marks cover 37 international jurisdictions, including 44 marks at the USPTO. These trademarks include the names of agency branches (e.g., Hololive English, Hololive Indonesia), logo variations, VTuber groups termed “generations” (e.g., Hololive Myth, Tempus), and even individual VTuber names (e.g., Gawr Gura, Mori Calliope). Hololive’s push on its international branding comes alongside massive success in international markets, notably showcased in a recent collaboration with Dodger Stadium.

In contrast, Nijisanji’s trademark portfolio is heavily Japan-centered despite a sizeable English-speaking talent roster for the North American market, comprising 43 marks in Japan and 9 filed internationally via WIPO, with only 1 filed at the USPTO for the English-speaking subgroup XSOLEIL.

Comparison of the two companies’ talents and US trademark portfolios:

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Medium-sized Agencies

Smaller, yet still exceptionally popular “corpo” agencies like VShojo often operate on an entirely different business model that recruits talents from an existing pool of indie VTubers, allowing them to keep rights to their branding while simultaneously providing the advertising, sponsorships, and support of a talent agency. VShojo’s trademark portfolio therefore only consists of 3 registered marks at the USPTO for its name, logo, and icon. While the agency and its attorneys assist in enforcement of the talents’ brands, the ownership breakdown leads to the talents following a similar trademark registration strategy to that of indie VTubers.

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Indie VTubers

Indie VTubers often have follower counts rivaling and, in some cases, exceeding that of “corpo” VTubers. However, some of the largest players in the indie Vtuber space, like Ironmouse, Shylily, Filian, and Shxtou (a.k.a. Shoto) do not appear to have any trademark registrations or applications for their names at the USPTO.

This lack of trademark activity may be due to concerns surrounding privacy and costs. Whether an indie VTuber has two million or two thousand followers, a perennial concern of content creation based around an anonymous avatar is anonymity. Most countries’ trademark databases have publicly searchable ownership records. While listing limited liability companies as application owners can provide some privacy, LLC ownership can still generally be traced back to identifying information through government filings. The cost of government filing fees and attorney fees may also be a significant factor to many VTubers. Just as with YouTube, it can take a while for a Vtuber to build up a solid following and income; the cost of hiring a lawyer to register your brand as a trademark may feel daunting.

However, there are ways to alleviate privacy and cost concerns. Stay tuned for more information on this in a future post.