Trademarking Memes: When Viral Content Becomes Intellectual Property
The internet is full of viral content – videos, tweets, and images that seemingly appear out of nowhere and quickly take the web by storm. Among these popular online phenomena, memes are arguably one of the most prevalent forms of viral content. From the iconic “distracted boyfriend” to the recently popular “woman yelling at a cat,” memes have become an integral part of internet culture, often used as a way to express humor, convey social commentary, or simply share relatable content. However, with their rise in popularity, the question arises: can memes be trademarked? In this article, we will explore the topic of trademarking memes and the potential implications for both creators and users. 
What are memes and how have they evolved?
Before diving into the world of trademarking memes, let’s first define what memes are. The term was first coined by evolutionary biologist Richard Dawkins in his 1976 book “The Selfish Gene.” Dawkins used the term to describe cultural units of information that are passed on from person to person through imitation.
Fast forward to the early 2000s, and memes began taking on a whole new meaning in the digital world. From the classic “I can has cheezburger” cat meme to the popular “Bad Luck Brian” and “Grumpy Cat,” memes started taking over social media platforms and became a way for people to easily and quickly create and share humorous and relatable content.
Today, memes continue to evolve and adapt to the current trends and happenings in society. They are no longer limited to images with a witty caption but now include videos, GIFs, and hashtags. Memes have also become a form of self-expression, with users creating and sharing original content that reflects their thoughts, opinions, and experiences.
The legal battle over the “Pepe the Frog” meme
With the increasing popularity and widespread use of memes, it was only a matter of time before the question of intellectual property rights came up. Can memes be protected under trademark law? The answer is not simple, and one high-profile case that shed light on this question is the legal battle over the “Pepe the Frog” meme.
“Pepe the Frog” was created by artist Matt Furie in 2005 as part of his comic book series “Boys Club.” However, the character gained notoriety as a meme in the late 2000s, often used to convey sarcasm, irony, or for humorous effect. However, in 2017, Furie filed a lawsuit against Infowars, a far-right website, for selling a poster featuring “Pepe the Frog” as an alt-right symbol.
The case highlighted the issue of ownership and control over a meme. While Furie may have created the character, the internet has taken it and transformed it into something completely different from its original context. The ultimate result of the case was an out-of-court settlement between Furie and Infowars, with Furie regaining control of his creation.
Can memes be trademarked?
Based on the “Pepe the Frog” case, it may seem like memes can be protected under trademark law. However, the answer is not as straightforward as it may seem. Trademarks are generally used to protect brand names, logos, and slogans to indicate the source of goods or services. Since memes are typically shared and altered by a large group of people, it becomes difficult to establish ownership over them.
In some cases, memes may be trademarked if they are being used in connection with a specific product or service. For example, if a company creates a meme as part of their marketing campaign, they may be able to trademark it if it meets the necessary requirements. However, trademarking a meme solely for the sake of claiming ownership and preventing others from using it is not a viable option.
The potential implications of trademarking memes
Now, let’s consider the consequences of allowing memes to be trademarked. The internet is a breeding ground for creativity and free expression, and memes are a big part of that. Allowing memes to be trademarked would stifle creativity and limit the open nature of the internet. It could also lead to legal battles and disputes over ownership and control of memes, an outcome that would limit the viral and collaborative nature of internet culture.
On the other hand, not being able to trademark a meme may also have negative implications. With the rise of meme accounts and pages on social media platforms, creators may lose out on potential revenue from merchandise sales or sponsorships. It also limits the protection of their original creations from being used for commercial gain.
The bottom line
The topic of trademarking memes is a complex one, with no clear answer. While some may argue that memes should be protected under trademark law, allowing it may have unintended consequences. It may stifle creativity, limit free expression, and lead to legal disputes. At the same time, not being able to trademark memes may also have negative implications for creators.
In order to strike a balance, it is important for individuals and businesses to understand the potential implications and consequences of using and sharing memes. Creators should also be mindful of using copyrighted material in their memes and follow fair use guidelines, while businesses should seek permission or licensing before using memes for commercial purposes.
In the end, whether or not memes can be trademarked, one thing is for sure – their influence and impact on internet culture will continue to evolve and shape our digital world for years to come.
