In the jungle of internet fame, it’s survival of the quirkiest. Take Moo Deng the Hippo, for example—a delightfully chunky, meme-worthy baby hippo who’s racked up millions of adoring fans online. And as with any digital superstar, Moo Deng is no exception to the rule that the first thing you trademark when you go viral isn’t your dance moves, but your very identity. Yes, Moo Deng the Hippo has been trademarked, and it raises the important legal question: can you really own a hippo's vibe?

Let’s wade through this murky legal water (don’t worry, there’s a solid raft of precedents to float on).

First, let’s break down what it means to trademark a hippo. When the creators behind Moo Deng filed for a trademark, they weren’t trying to patent the animal itself (though we’d love to see a judge’s reaction to that application). What they were after was exclusive commercial rights over the character—the name, likeness, and image of Moo Deng. This means no one else can sell hippo-themed merch or slap Moo Deng’s snout on a lunchbox without their permission.

But why stop at trademarks when you could go for a patent? That’s right, in today’s world, if you manage to make your meme-fueled fame functional, a patent might just be next. While we haven’t quite reached the stage where hippos are patented, there are stranger things—like a combination plunger-toothbrush (yes, it exists). Maybe Moo Deng’s next big breakthrough will be in the form of a patented poop-scooping innovation for zoo animals.

Trademarking online fame is nothing new. Take the case of the Turkish Chef Nusret Gökçe or Salt Bae for the meme-lovers out there. The man behind the smooth salt sprinkling and sizzling steaks managed to trademark his signature move—the iconic pinch-and-drop salt sprinkle—because, hey, why should anyone else sprinkle salt that dramatically without paying him first?

Trademarking something as simple as a hand gesture sounds bizarre, but in the world of memes, viral sensations, and content creators, it’s pure business genius. Salt Bae knew his viral moment was bigger than a fleeting trend, so he cashed in. And he’s not the only one.

Remember Grumpy Cat? That frowning feline not only trademarked her likeness but took legal action against those who tried to profit off her iconic scowl without permission. If a grumpy cat can do it, surely a happy hippo can.

Now, here’s where the waters get tricky. Just because you’re a meme doesn’t mean the law automatically grants you protection. Trademark law requires that the name, image, or likeness you’re trying to protect has to be distinctive—it has to represent your brand or product. Moo Deng’s trademark application will need to show that when people see that rotund silhouette, they think of Moo Deng—not any old hippo.

But it’s not just about being famous; it’s about being associated with specific goods or services. Grumpy Cat, for example, had merchandise ranging from books to coffee mugs (and probably a few thousand “I hate Mondays” calendars). Moo Deng’s creators will need to build a similar case around their character. Maybe Moo Deng-branded rain boots? You know, for those splashy hippo moments.

So, if you’re a budding internet sensation—or, let’s face it, the handler of an outrageously photogenic animal—remember that the digital world and legal world don’t always play by the same rules. Trademarks and patents are serious business, even when you’re dealing with light-hearted memes and gifs.

About the authors: Nitika Nagar is a Principal Associate and Parinika Krishnan is an Associate at Naik Naik & Co.

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