In today’s digital world, a single viral moment can turn anyone into a global sensation. These viral moments represent significant creative output, but they also pose unique challenges: how can creators ensure that others aren’t profiting from their originality without permission? The answer lies in leveraging intellectual property (“IP”) rights.

Last year, Haliey Welch went viral after she used the term “hawk tuah” to describe her bedroom tips in a street interview outside of a nightclub. Since then, Welch’s viral moment allowed her to build a social media career, start a podcast and even launch a memecoin called “Hawkcoin” ($HAWK). Jools Lebron, a TikTok creator, also gained widespread attention with her “very mindful, very demure” catchphrase in a TikTok video that has more than 55 million views to date.

These viral moments have the potential to generate substantial economic value. For instance, a catchphrase, distinctive logo, or innovative concept can rapidly transform into merchandise, collaborations, and licensing opportunities. Without adequate IP protection, however, creators risk losing control over the fruits of their creative labor as others exploit these viral moments for their own financial gain.

While luck plays a role in achieving virality, long-term success depends on how well creators safeguard and monetize their brands and their creative output.

Here are a few tips to help you take control of your viral success and reap the financial rewards of your viral moment when it comes:

Trademark Your Brand Names, Logos, and Catchphrases

If a catchphrase, slogan, or unique brand name is gaining traction and becoming synonymous with your creative identity, securing a trademark is essential. Trademarks provide exclusive rights to use that phrase, slogan, or logo in commerce, protecting your creativity from unauthorized use while also creating opportunities for licensing and brand expansion.

Videos, photos, graphics, and written content that drive engagement and shape trends are automatically protected by copyright upon creation. However, filing for copyright registrations with the U.S. Copyright Office strengthens enforcement rights, making it easier to stop unauthorized use and seek damages in case of infringement.

Use Well-drafted Agreements for Collaborations with Brands

Brands often capitalize on viral trends by partnering with creators, offering exciting opportunities for exposure and revenue. However, without a well-structured agreement, creators risk losing control over their intellectual property. A well-drafted licensing agreement ensures that brands respect usage limits, prevent unauthorized exploitation, and uphold the agreed-upon terms, safeguarding your creative rights.

Enforce Your Rights Against Copycats

Once your content gains traction, copycats will inevitably try to capitalize on your success. Some may create knockoff products using your slogans or imagery, while others might repost your content without permission. Vigilantly monitoring and enforcing your rights through cease-and-desist letters, DMCA takedowns, or legal action can help maintain control over your brand.

Closing Thoughts: Protecting Your Creativity is an Investment in Your Future

Going viral is exciting, but protecting your intellectual property is what turns a fleeting moment into a lasting business opportunity. While filing trademarks and copyrights requires upfront investment, it’s a fraction of the potential revenue lost when others capitalize on your creativity unchecked.

As creators evolve into entrepreneurs, understanding IP rights becomes essential. Major brands and investors seek partnerships with creators who have secured their intellectual property, viewing it as a sign of business acumen and long-term vision. Take, for example, MrBeast, Cassey Ho, and Logan Paul — these industry veterans have built expansive IP portfolios that power their ventures, from energy drinks to fitness wear to chocolate bars.

Whether you’re a rising influencer or a seasoned content creator, being ready to treat your viral moment like a valuable business asset is critical to convert fleeting virality into enduring business assets.

Want to secure your creativity and revenue? The Intellectual Property Law Practice at Omnus Law is dedicated to helping creators protect their work and maximize their business potential. Schedule a free consultation with IP attorney Judy Yen, whose extensive experience in trademark, copyright, and brand protection can help you safeguard your intellectual property and turn your creativity into lasting success.