TY - JOUR
AU - Martina, Dani,
AB - The author Martina Dani is a junior associate in the Intellectual Property department of Franzosi Dal Negro Setti in Milan. Martina focuses on litigation and consultancy in issues related to trade marks, patents, design, denomination of origin, unfair competition, copyright and advertising law. This article Shopping for clothes online can be difficult if you worry too much about how an item is going to look on you and whether it is even going to fit your frame. Amazon might have a solution: the company has patented a blended-reality mirror that would be able to superimpose virtual clothing onto the virtual representation of the user. It would also be able to place the user in a virtual environment, such as on a beach, to match an outfit with an occasion. This innovation will completely change the fashion industry. Mirrors have been used throughout history and for countless purposes. The very first mirrors were crafted from polished stone. Later on they were made from copper, silver and even gold. Over time they have been used to view our reflection, but also for decoration and various applications in art and science. Mirrors have always been considered magical and the mirror of the future is smarter and more magical than ever before. Soon, mirrors will be used as extensions or even replacements of our laptops, tablets and smartphones. They will enhance our shopping experience, point out our flaws, assist online retailers in increasing their turnover and help us to reduce our daily stress. Intrigued? You should be. Our traditional mirrors will all have made way for new, hyper intelligent smart mirrors. Imagine being able to try new clothing on without having to take your own clothes off. This is possible with Amazon’s new smart mirror. While many people enjoy shopping online, the fact that we are unable to try on clothes is one of the downsides. Shopping in physical stores, however, often means running back and forth to the fitting rooms to try on different sizes. With Amazon introducing a smart mirror, this inconvenience may soon be a thing of the past. This magic mirror shows you different styles, colours, shapes and sizes, projected into your reflection. It is like having a personal stylist in the fitting room with you to help you choose the best options. Patent US ’719 On 30 March 2015, Amazon Technologies Inc (hereinafter Amazon) filed before the US Patent and Trademark Office patent application No 14/673, 533 entitled ‘Blended Reality Systems and Methods’. The patent was granted on 2 January 2018 as No US 9, 858, 719 (hereinafter US ’719). The patent protection has been extended by international patent Application No WO2016160610 filed on 25 March 2016 and granted on 6 October 2016. The prior art Virtual try-on of clothes has received much attention recently due to its commercial potential. It can be used for online shopping to narrow down the selections to few designs and sizes. Amazon recognized that unique visual displays can enhance the experiences of users and they can have an application also in the fashion world. These visual displays can be used for altering scenes as perceived by users, eg by adding objects to the scene that do not actually exist. One method of providing such a visual display uses an illusionary technique referred to as ‘Pepper’s ghost’ that can produce a virtual object in a scene as a latent or ghost-like image. However, such techniques are significantly limited, requiring space that extends beyond a visual display or that significantly increase the size of a visual display. In addition, these techniques can produce unrealistic results as the virtual objects placed in the scene are generally translucent and low contrast. Amazon sought to resolve these problems patenting a new generation of displays. This US company presented a blended-reality apparatus for virtual clothes try-on that enables users to viewing themselves wearing virtual clothes while looking at a mirror display, without taking off their actual clothes. The claims The invention covers systems and methods configured to blend transmitted and reflected light to form a single scene, as perceived by a user, by controlling the amount of light on either side of a mirror or other reflective element (Fig. 1A illustrates an example of blended reality apparatus configured to generate a blended reality view). A blended-reality view can be used to provide a visual representation of the user in different settings other than the one the user is actually in (eg the beach scene #112 illustrated in Fig. 1B). Similarly, the blended-reality view can be used to provide a visual representation of items, such as clothes, on the user without the user actually wearing the physical item (eg the shirt #117 illustrated in Fig. 1C). Figure 1 View largeDownload slide How Amazon's patented mirror works. Figure 1 View largeDownload slide How Amazon's patented mirror works. To generate a blended-reality view, a blended-reality apparatus can (i) selectively illuminate the user, (ii) leave the rest of the room dark and/or (iii) project an image of the particular setting (eg a restaurant), the projected image being shown on the display at a location where the user would have seen a reflection of objects or surfaces in the room. Because the user is illuminated, the user can see his/her reflection. Because the rest of the room is dark but the apparatus is projecting an image of the particular setting, the user can see the setting instead of a reflection of the room. Furthermore, the apparatus can also project an image of the new outfit so that the user sees a superposition of their reflection with the projected new outfit so that it appears as though the user is wearing the outfit. Fig. 2 shows how the user will perceive simultaneously transmitted and virtual images, wherein the respective intensities of the reflected and transmitted light are controlled by the mirror. Figure 2 View largeDownload slide Diagram of a user simultaneously perceiving reflected light and transmitted light. Figure 2 View largeDownload slide Diagram of a user simultaneously perceiving reflected light and transmitted light. Amazon’s patent further notes that user input can be received via voice commands, motion-based commands, touch interface controls, wireless signals, eye-tracking and the like. The system is noted as using a depth camera to map out users/customers profiles in order to have clothing items virtually placed exactly right on the user when looking at the mirror. And lastly, Amazon’s patent states that the ‘blended reality system can be used in retail outlets in dressing rooms or other areas where users try on clothes prior to purchasing them. The blended reality system can be used to provide a plurality of simultaneous blended reality views for the user, generating an immersive blended reality environment.’ So, the patent suggests that there are multiple potential uses for a system like this, though the most obvious one seems to involve retail. Online shopping for garments, while convenient, is still a very uncertain process due to trouble guessing how an outfit will look on the person considering making the purchase. With a mirror like this, someone could preview what the outfit would look like on their own body, then see what it looks like in their intended environment. Maybe that dress looks cute on a Web page, eg but it does not strike your fancy when viewed on your reflected self in a virtual dinner party setting. Using Amazon smart mirror, the user can see pictures of several landscapes, like a restaurant, nightclub, museum gallery or the beach so that he/she knows how the dress code will appear in that specific place. The goal of the patent is that, whatever event you are planning for, you will know exactly how you will look beforehand. Echo look The technology described in US ’719 feels like a logical extension of the Echo Look, an expansion of the Amazon’s home automation system that takes pictures and videos of your outfits to give you advice on what to wear (a picture of Echo Look is shown in Fig. 3). This hands-free camera doubles as a speaker and runs Alexa, Amazon’s popular voice-controlled assistant. Its main feature is the ability to take hands-free, floor-length photos of you—specifically of your clothing. Figure 3 View largeDownload slide Amazon's Echo Look device. Figure 3 View largeDownload slide Amazon's Echo Look device. Inside the device is a depth-sensing, 5-megapixel camera and an LED light that you control by saying ‘Alexa, take a photo’ or ‘Alexa, take a video’. The photos and videos taken with Echo Look are instantly uploaded to the Echo Look app (and stored on Amazon’s Cloud) where you can share them on social media and build a wardrobe photo-book of different outfits over time. Then, Amazon will compare photos of other outfits you have stored on the compatible mobile app and the app will show you similar clothing items that you can buy from Amazon. Magic mirrors Digital technology innovations have led to significant changes in everyday life, made possible by the widespread use of computers and continuous developments in information technology and intellectual property. Based on the use of systems applying and augmented reality techniques, Information Technology and Intellectual Property have become the basis for a new fashion industry model, featuring consumer-centered service and production methods. Apart from Amazon, other companies have developed and in some cases patented mirrors that allow trying on clothes virtually or with other functions varying from colour-changing to virtual makeup. The patented MemoryMirror from California-based company MemoMi Labs Inc is one of the most advanced smart mirrors available. It combines video, 360-degree viewing, augmented reality as well as social networking into one incredible, high-end package. The MemoryMirror was developed for clothes shopping in brick and mortar stores. It captures stills as well as video of the clothes the shopper tries on. The mirror can be controlled by simple gestures, letting the shopper view themselves from every imaginable angle. To make comparisons and the decision-making process easier, it can also show various outfits in different colours next to each other, in real time. The images can be shared via smartphone, social media platforms and email. Samsung has created another smart mirror: the Mirror and Transparent OLED display solution. Fitted with Real Sense Technology, it uses 3-D cameras to track the user. It can display everything from clothing, shoes and jewellery onto the reflection of the user. This will create the illusion that the viewer is actually wearing these items. When you try any clothing on and look into the mirror wondering how it would look in the other colour option, the only way to figure it out is by trying the other one too and so on. A solution is offered Uniqlo Co, Ltd, the Japanese casual wear designer, manufacturer and retailer. This virtual dressing room allows the user to see how the clothing will look in different colour options without the need to change again and again. The augmented reality system has one large 60-inch display, tablet devices and a camera to detect what the wearer in front of the camera has put on. Then the technology magically changes the selected colour of clothing showing how it looks on you. Panasonic’s virtual mirror focuses on people’s flaws. With advanced built-in high definition cameras, the mirror analyses our skin and spots sun damage, wrinkles, age spots and any other flaws it can find. Then, it suggests which products to purchase and treatments to get. The mirror is equipped with a camera that takes a picture of the face of the person when they look at it. Subsequently, the software projects the image and proposes a series of combinations between eye shadow, brush, lipstick and eyelashes, sometimes fake, to see which makeup is the most suitable for the appearance and type of skin. It can even let you ‘try on’ different types of facial hair. Comments With US ’719, Amazon is seeking to change the fashion industry completely. Nowadays, consumers with their increasing desire for individuality have high expectations within the fashion market. Especially, people want to get a good value easily almost at any time and at any place while claiming a wide range of goods, a high degree of individuality as well as quality and service at the highest level. Handling all these needs will only be possible if new fundamental technologies for the presentation, selection and ‘try out’ of products will be developed in order to supplement the classical selling process. At the same time, people are overloaded with work and going shopping is at times perceived as a source of stress: waiting in endless lines in front of the fitting rooms, fighting against zips, hours and hours lost in the shops to finally find a garment to wear and then finding it unsuitable. All this will end thanks to patented technology, allowing consumers to virtually try out a dress, without stress, choosing the right size, the model best suited to their body and the style that best suits their personality, but this time without too much effort. These are the reasons why online shopping has grown tremendously over the past few years. People choose to order stuff online rather than going to shops to select. The main limitation in ordering a dress online is that we cannot try it while purchasing and many times the size doesn’t fit or the clothing material does not suit us. After receiving the ordered clothes, customers often are disappointed or unsatisfied. This, in turn, leads to high product return rates as well as future indecision to purchase expensive clothes from online website. But Amazon decided to change this scenario with US ’719. By incorporating/combining suitable display techniques and hardware, as well as lights and projectors, in an inventive way, Amazon’s mirror will enable the customer to visualize themselves wearing a variety of combinations of different clothes from different views. Thereby, getting a realistic impression of the ‘look and feel’ of the clothes, this kind of presentation will serve as an important decision support, leading to an enhanced shopping experience for the customer. The ‘smart mirror’ could be integrated into Amazon’s online retail network so that users can more easily shop from a bunch of different clothing outlets and companies. It might even build an entire database of virtual clothes and offer companies tools to create digital clones of their clothing line. The future for fashion will be represented by magic mirrors being connected to all of the major fashion industries and their catalogs, allowing users to select through their favourite brands in an instant, to virtually ‘try on’ different clothing items in front of a mirror outfitted with sensors, enabling a motion-triggered virtual change of clothing. When the customer moves their arm, they could see a new shirt or pair of pants superimposed over a live image and a simple touch screen will allow shoppers to choose different styles and colours of the garment they have selected, helping them to decide which colour or design suits them best. Product information will be fed into the mirror from a linked tablet with which the customer can continue the experience, swiping through colour pallets, sharing new looks with friends and making a purchase. The mirror technology will be surely a fashion driver. The principal aims are providing customers with a fully integrated retail experience, attracting them with visual suggestions and options for complimentary fashion, style, wardrobe or makeup ideas, while giving the retailer and brand the ability to pull and track data, to expand their customer loyalty programmes and to track sales. Certainly, this innovation will compromise the future of retail sellers and fashion malls. Due to the widespread presence of e-commerce and the development of new technologies and processes, retail sales may suffer a decline. Consumer tastes are changing, also because of the highly competitive prices of the online websites and the selection of products often offered only in digital stores. Instead of going shopping and making impulsive purchases, customers use their mobile phones and computers to find the best prices and promotions: the online purchase has taken the place of the compulsive shopping that has made the happiness of the malls for years. And the reasons are that the World Wide Web and e-commerce allow consumers to shop from the comfort of their own home, to scout the entire world for the best possible deal and offer a range of products that no mall—no matter how big—could hope to hold. And Amazon innovation is decisive in all this. This patented technology could be seen as the ultimate enemy of the traditional shopping mall. In fact, thanks to Amazon’s mirror, the consumers will have the possibility of trying clothing on without having to go to the fitting room to charge, mixing and matching outfits from different retailers and receiving feedback through social media. The traditional looking glass, capable of ‘magically’ reflecting our image back at us, will soon be a thing of the past. The mirror on the wall as we know it today will become an antiquity; an object of days gone by. In its place we will have thin, interactive screens that know everything about us and can predict our choices, our health and indeed, our future. Three to six years from now, the fashion industry and retail will probably look completely different from the way they look now. Are we ready for it? © The Author(s) 2018. Published by Oxford University Press. All rights reserved. This article is published and distributed under the terms of the Oxford University Press, Standard Journals Publication Model (https://academic.oup.com/journals/pages/open_access/funder_policies/chorus/standard_publication_model)
TI - Mirror, Mirror on the Wall, Who needs to go shopping?
JF - Journal of Intellectual Property Law & Practice
DO - 10.1093/jiplp/jpy096
DA - 2018-11-01
UR - https://www.deepdyve.com/lp/oxford-university-press/mirror-mirror-on-the-wall-who-needs-to-go-shopping-RMKT6urHJp
SP - 917
VL - 13
IS - 11
DP - DeepDyve
ER -