Trademarking Virtual Goods in the Metaverse: Just Because You Can't Touch Them Doesn’t Mean They Aren't Real

The purpose of this Essay is to discuss how brands are venturing into the metaverse particularly through the use of trademarks and to address some of the legal issues such brands may face. Section I of this Essay provides background information about the metaverse and discusses the ways in which brands are currently engaging consumers in the metaverse. Section II then focuses on the various trademarks filed by brands and professional athletes for virtual goods. Having laid the foundation, Section III then seeks to address a number of legal issues that have arisen recently in connection with brands in the metaverse.