Mental Property Regulation
Is Jimothy the raccoon too standard to be owned? IP attorneys weigh in
A fan waves an indication for Jimothy, a raccoon in a viral video from Seattle, throughout a baseball recreation between the Seattle Mariners and the Cincinnati Reds on July 21, 2026, in Seattle. (Picture by Lindsey Wasson/The Related Press)
Quickly after Jimothy, a wild Seattle raccoon with a shortened backbone, grew to become a viral sensation, trademark claims have been filed to cowl his title for stuffed animals and his picture for child merchandise. However does anybody really personal Jimothy, and may they declare the rights to him?
Mental property attorneys say no, telling Bloomberg Law that web phenomena corresponding to Jimothy grow to be too standard too shortly to be managed by anyone supply. In addition they say a trademark has to have the ability to convey to shoppers who’s behind a product or a service.
“The title of the raccoon, in all probability, and a common picture of the raccoon drawn nonetheless you’d, wouldn’t theoretically be potential to be protected as a trademark,” Josh Gerben, a trademark legal professional and the founding father of Gerben IP, instructed Bloomberg Regulation.
Seattle resident Kiana Corridor, who is believed to have filmed the unique video of Jimothy, may need a declare, however proving that customers affiliate the title together with her, in addition to the raccoon, may very well be a excessive bar to clear becausee he has gone totally viral, Gerben instructed Bloomberg Regulation.
Christopher Sprigman, a professor on the New York College Faculty of Regulation, additionally famous that it’s unlikely that anybody will construct a long-lasting model that includes Jimothy.
“Like most issues on the web, it’s right here and gone,” Sprigman stated, in keeping with Bloomberg Regulation. “It’s arduous to think about a branding marketing campaign getting launched versus a bunch of fly-by-night stuff the place individuals suppose they’re going to get wealthy fast.”
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