AvtoVAZ has filed an application to register the phrase "It's possible, but why?" as a trademark. The phrase, which became a meme after an interview with a top manager, could appear on a wide range of products, from cars to clothing and toys. Lawyers are debating the legality of such registration and the risks it poses.
Irina Ozolina, senior partner of the intellectual property practice at the "Zalesov, Timofeev, Gusev & Partners", commented on the automaker's actions for "Kommersant FM".
According to Irina, there may be rational logic behind the application. The law does not oblige the copyright holder to use the trademark immediately after registration. However, if the trademark is not used for three years, its protection may be terminated by a court order.
"Three years is a long time for a meme to be forgotten. This is entirely consistent with the potential of a trademark," notes Irina Ozolina.
Irina also recalled existing judicial practice regarding memes (cases involving the phrases "Natasha, are you sleeping?", "Zhdun", etc.) and explained that not every use of a popular phrase constitutes a violation.
In this audio interview, Irina Ozolina examines borderline situations involving memes and explains how to protect your rights without breaking the law.
Listen to the expert's full commentary in the recording of the broadcast.