The intellectual property rights and legal implications surrounding viral trends on social media can be complicated.
In a World IP Review article, IP litigation counsel Evan Gourvitz explained whether and to what extent aspects of social media trends may be protectable.
Evan notes that trademark law may offer one avenue for protecting such trends, to the extent they may involve distinctive marks associated with a single source of goods or services. He also noted that copyright law may offer another avenue for protection, to the extent they may include original content, such as music, dance, or choreography.
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