The explosive debut of "Black Myth: Wukong," a premium Chinese action RPG, has unleashed a powerful wave of Eastern fantasy across global gaming markets. Upon its August 20 release, the game demonstrated remarkable commercial success on Steam, achieving 1.25 million concurrent players on launch day with peak concurrent users exceeding 280,000. It swiftly claimed the top spot on global weekly sales charts and ranked prominently on bestseller lists across twelve countries including the United States, Singapore, and Thailand.
This unprecedented market performance has attracted numerous cross-border e-commerce sellers to platforms like Amazon, where they attempt to capitalize on the game's popularity by offering related merchandise such as customized mouse pads, figurines, and themed apparel.
Intellectual Property Protection Framework
To properly assess infringement risks, one must first understand the intellectual property framework established by Game Science Interactive Technology Co., Ltd., the Shenzhen-based developer behind this cultural phenomenon.
Trademark Protection: The company has registered core trademarks including "Black Myth Wukong" and "BLACK MYTH" in multiple jurisdictions worldwide, covering territories such as South Korea, the United Kingdom, the United States, and Japan. These registrations span numerous product categories including Class 9 (game software), Class 25 (clothing), and Class 28 (toys). Unauthorized use of identical or similar marks within these categories constitutes infringement.
Copyright Protection: The developer has secured comprehensive copyright protections in the United States for various game elements including two-dimensional artwork, testing materials, and promotional videos. Unauthorized reproduction, distribution, or commercial utilization of these protected assets carries significant legal consequences.
E-Commerce Infringement Risk Analysis
Cross-border merchants face several potential infringement scenarios when marketing "Black Myth: Wukong" related products:
- Trademark Violations: Incorporating registered marks like "Black Myth Wukong" in product listings without authorization constitutes clear infringement, even when using visually or phonetically similar variations that might confuse consumers.
- Copyright Breaches: Unlicensed reproduction of protected character designs, environmental assets, or audio-visual content for merchandise production or promotional activities violates copyright law. This includes printing game characters on apparel or utilizing official trailers for marketing purposes.
- Unfair Competition: Even absent direct IP infringement, marketing strategies that deliberately create false associations with the game through similar packaging designs or promotional language may constitute unfair competition practices.
Compliance Recommendations for Online Retailers
To mitigate legal exposure, cross-border merchants should implement these protective measures:
- Conduct thorough intellectual property research through trademark databases and copyright registries before listing any related merchandise.
- Obtain formal licensing agreements from Game Science for any intended use of protected intellectual property through official channels.
- Maintain distinct product branding and marketing approaches that avoid creating misleading associations with the game's intellectual property.
- Establish internal IP monitoring systems to identify potential infringements and consult specialized legal counsel for compliance verification.
The remarkable success of "Black Myth: Wukong" represents a watershed moment for China's gaming industry while presenting lucrative opportunities for global e-commerce. However, sustainable commercial success requires strict adherence to intellectual property laws and ethical business practices. Only through compliant operations can merchants genuinely benefit from this cultural phenomenon's economic potential.