Is Jimothy the raccoon too popular to be owned? IP attorneys weigh in
A fan waves a sign for Jimothy, a raccoon in a viral video from Seattle, during a baseball game between the Seattle Mariners and the Cincinnati Reds on July 21, 2026, in Seattle. (Photo by Lindsey Wasson/The Associated Press)
Soon after Jimothy, a wild Seattle raccoon with a shortened spine, became a viral sensation, trademark claims were filed to cover his name for stuffed animals and his image for baby products. But does anyone actually own Jimothy, and can they claim the rights to him?
Intellectual property attorneys say no, telling Bloomberg Law that internet phenomena such as Jimothy become too popular too quickly to be controlled by any one source. They also say a trademark has to be able to convey to consumers who is behind a product or a service.
“The name of the raccoon, in all likelihood, and a general image of the raccoon drawn however you would, would not theoretically be possible to be protected as a trademark,” Josh Gerben, a trademark attorney and the founder of Gerben IP, told Bloomberg Law.
Seattle resident Kiana Hall, who is thought to have filmed the original video of Jimothy, might have a claim, but proving that consumers associate the name with her, as well as the raccoon, could be a high bar to clear becausee he has gone fully viral, Gerben told Bloomberg Law.
Christopher Sprigman, a professor at the New York University School of Law, also noted that it’s unlikely that anyone will build a lasting brand featuring Jimothy.
“Like most things on the internet, it’s here and gone,” Sprigman said, according to Bloomberg Law. “It’s hard to imagine a branding campaign getting launched versus a bunch of fly-by-night stuff where people think they’re going to get rich quick.”
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