Few viral sensations have captured the hearts of Thais as quickly as Moo Deng, the adorable and sassy baby pygmy hippo born at the Khao Kheow Open Zoo, under the care of the Zoological Park Organisation of Thailand (ZPOT). Through ZPOT's updates and playful content, Moo Deng became a social media star overnight – and an unexpected case study in intellectual property (IP) management.
From Zoo Star to Intellectual Property
Recognising Moo Deng's rising fame and potential for unauthorised commercial exploitation, ZPOT took proactive steps to protect her name and likeness. ZPOT filed trade mark applications for "Moo Deng," which some has now been successfully registered.
The Race for Moo Deng – Third Party Filings
Moo Deng's popularity also attracted attention from unrelated parties. Several third-party trade mark applications were filed for hippo logos. For example, hippo characters that share Moo Deng's distinctive expression, proportions, and the "Deng" name are considered too similar and could mislead the public into believing they are associated with ZPOT.
To safeguard Moo Deng's identity, the Department of Intellectual Property (DIP) took ex-officio action to block certain third-party filings, citing ZPOT's copyright ownership over Moo Deng's likeness. This is one of the mechanics under the Trade Mark Act that empowers the trade mark examiner to summon applicants or request statement and evidence, for examination and consideration.
However, challenges remain: ZPOT's newer trade mark applications (250106890 and 250106881) have received citation objections based on the earlier third-party filings, highlighting how timing is critical in IP protection.
Not All Hippos Are Equal
Interestingly, not every "hippo" mark or even the words "Moo Deng" are blocked. Trade marks that are not confusingly similar to ZPOT's Moo Deng mark or incorporated Moo Deng's likeliness can still proceed to registration – such as Application Nos. 250105210 and 250100559. This distinction underscores the importance of clear brand identity and distinctiveness in trade mark protection.
Rouse Insight
The Moo Deng case is a timely reminder that IP protection is best pursued early, before a work or personality goes viral. Whether for a company mascot, character, or product name, filing for trade mark protection in advance helps avoid costly disputes and ensures that the benefits of commercial success stay with the rightful owner.
By proactively protecting Moo Deng, ZPOT not only preserves the character's reputation but also sets an example for other organisations on how to leverage intellectual property rights to prevent unauthorised commercial exploitation. While creates an opportunity to commercialise Moo Deng's popularity. Official merchandise, collaborations with brands, and licensing programs can transform Moo Deng into a sustainable source of revenue, while ensuring that the character's image and values are consistently maintained.
As Moo Deng's story shows, virality can happen overnight – and when it does, IP owners should be ready. For brand owners, Moo Deng's story serves as a reminder: when a character becomes a public sensation, IP protection should go hand in hand with marketing efforts — not only to defend against misuse but also to unlock commercial opportunities that enhance brand value.
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