In 2014, Ultra Pro International filed a trademark application for"Doge," an Internet neologism used to describemaking a quizzical expression and surrounded by broken English text in Comic Sans, and it spread rapidly to places as far-flung as aAfter backlash around the trademark application, Ultra Pro released a statement saying that they only intended to enforce it around specific products—card sleeves, boxes and accessories—and would not block other companies from using the word or...
A common barrier for trademarking memes comes with the associated copyright. In the United States, the creator of the work is granted automatic copyright protection at the instant they make something. That protection gives them the legal authority to block other people from reproducing or profiting from their creation. In the Ultra Pro case, they made an agreement with the"OK Boomer" has no associated copyright, as the origins of the phrase are murky.
The US Patent and Trademark office does take into account both prior and common use when they review an application. If a mark has entered common use, it can be challenged in court and abandoned. Examples of that include"aspirin,""dry ice" and"thermos," all of which are now common terms and not protected by trademark law.
FOX's filing for"OK Boomer" is likely to succeed based on prior cases, but it remains to be seen whether the meme will still have legs by the time the show makes it to TV screens.
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