Leveraging Trademark Law To Commercialize A Meme

Law360, New York (February 22, 2017, 1:58 PM EST) -- Catherine V. Riley

Dorna Mohaghegh Memes have become ubiquitous. Composed of "an image, video, piece of text, etc. typically humorous in nature that is copied and spread rapidly by internet users, often with slight variations,"[1] these bite-sized pieces of digital commentary seem inescapable, remarking on the presidential election, pop culture and our daily lives, connecting countless internet users through their variations of the meme. What makes a meme "successful" is its adaptability, allowing hundreds or thousands of people to copy and share it while adding their own distinctive creative tweak, thus making it "viral." Memes' inherent tendency for rapid dissemination (known...

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