Eric Goldman (Santa Clara University - School of Law) & Gabriella Ziccarelli (Santa Clara University School of Law) have posted Emojis and Intellectual Property Law on SSRN. Here is the abstract:
Everyone loves emojis, and why not? They are a fun and an increasingly ubiquitous way for people to express themselves. But despite their superficial frivolity, emojis can raise potentially complex and serious legal issues, including novel and complicated questions about intellectual property (IP). This essay surveys how United States IP law protects emojis, and why such protection may be problematic.

