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Grumpy Cat Trumps Technoviking: Monetizing Memes

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By Robin Hammond How to monetize a meme: Step 1: stumble upon an Internet sensation; Step 2: pursue IP rights immediately and vigilantly. It is clear who would win in a fight between Grumpy Cat and Technoviking. It is also clear who has won in the realm of Intellectual Property (“IP”) rights. Technoviking is a man who was thrust into internet fame by a viral video on youtube.com. Grumpy Cat is a genetically abnormal cat, which achieved similar notoriety through reddit.com. Both cases illustrate the benefits of prompt IP right designations. This month the owners of Grumpy Cat filed a suit against Grenade Beverages LLC. The complaint alleges, “Defendants’ despicable misconduct here has actually given Grumpy Cat and her owners something to be grumpy about.” The plaintiffs allege Grenade went beyond the scope of its licensing agreement, broke its contractual obligations, and cybersquatted by running websites that profited through the unauthorized use…

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