Faith Nyasuguta
The internet has been abuzz with the phrase “very demure, very mindful,” thanks to TikTok creator Jools Lebron. What started as a casual description of her hair and makeup in early August has since taken the internet by storm. Now, Lebron is seeking to trademark this viral catchphrase, a move that highlights the complexities and challenges content creators face when trying to protect their intellectual property in the digital age.
The Birth of a Viral Sensation
The phrase “very demure, very mindful” gained traction after Lebron posted a TikTok video where she described her look before heading to work. Her unique delivery and playful style resonated with fans, sparking a wave of user-generated content.
Celebrities and influencers soon jumped on the trend, creating their own versions of “very demure” and adding “mindful” and “cutesy” to their daily routines. This viral success gave Lebron not only internet fame but also the opportunity to fund her gender transition, marking a personal victory for the transgender creator.
The Legal Journey: Trademarking a Viral Moment
Lebron, recognizing the potential of her viral catchphrase, filed for a trademark with the U.S. Patent and Trademark Office (USPTO). She hopes to secure the rights to use “very demure, very mindful” in entertainment, advertising, and the promotion of beauty products. However, the process is far from straightforward.
According to Alexandra J. Roberts, a professor of law and media at Northeastern University, trademarks are “source indicators” that help consumers recognize who is producing a product or service. While the internet might associate “very demure, very mindful” with Lebron, the USPTO requires a connection to a commercial product or service to grant a trademark. It’s not enough for a phrase to go viral on social media; it must be tied to something concrete, like a product or service, to qualify for trademark protection.
Trademark law operates on a case-by-case basis, allowing multiple brands to coexist under similar names as long as consumers can distinguish between them. For instance, Dove soap and Dove chocolate both use the same brand name, but their products are so different that there’s little chance of confusion. However, in the case of a phrase like “very demure, very mindful,” strongly associated with Lebron, securing exclusive rights becomes more complex.
Challenges from Rival Trademark Filings
Lebron’s journey to trademarking her viral phrase hit a roadblock when multiple individuals, unconnected to her, also filed for trademarks related to “demure.” Three such applications were submitted before Lebron’s own filing, positioning her as fourth in line for consideration. Some of these rival applicants likely hoped to capitalize on the phrase’s popularity, much to the dismay of Lebron’s fans.
One of the applicants even stated that she had filed in an attempt to help Lebron secure the rights, intending to transfer ownership to her later. Whether these rival filings are legitimate claims or opportunistic grabs for fame, they indicate the competitive nature of viral trends in the digital age. For creators like Lebron, who build entire brands around their viral success, the risk of having their work co-opted by others is a constant threat.
Protecting Viral Content
The struggle to secure credit and protect intellectual property is not new, especially for content creators from marginalized communities. Historically, young women of color who have created viral trends have often seen their work appropriated by others with more resources. In many cases, these creators have been “scooped” on trademark rights by individuals who had the financial means to act faster, leaving the original creators without compensation or recognition.
Jools Lebron’s situation echoes these historical challenges. As a transgender woman and a person of color, her rise to internet fame carries with it the potential for exploitation. However, Lebron’s fans have rallied behind her, calling out attempts by others to steal her trademark and ensuring she receives credit for her contributions to the internet’s cultural lexicon.
For creators seeking to protect their work, the trademark process can be a long and expensive journey. Roberts explains that the process can take six to nine months, or even longer if legal disputes arise. This means that by the time a trademark is granted, the viral trend that sparked the filing may have already faded. Despite these challenges, securing a trademark remains a crucial step for creators looking to monetize their success in the long term.
What’s Next for Lebron?
Lebron’s trademark filing is still pending, and the outcome remains uncertain. However, legal experts believe she has several options to protect her brand. She could negotiate with rival applicants, adjust her trademark filing to avoid overlap, or oppose rival applications on the grounds of false association. Even while the trademark process plays out, Lebron is free to use the phrase “very demure, very mindful” for her own purposes, including selling merchandise.
It’s important to note that trademark law doesn’t prevent others from using the phrase ornamentally, such as printing it on a t-shirt. The legal protection only kicks in when the phrase is used as a brand, like on a clothing tag or in association with a product line.
The Bigger Picture: Viral Trends and Intellectual Property
Lebron’s attempt to trademark her viral phrase shines a light on the broader issue of how social media trends intersect with intellectual property law. Content creators, especially those from marginalized groups, often face significant barriers to protecting their work. The legal complexities surrounding trademarks, copyrights, and other forms of intellectual property can make it difficult for creators to secure the rights they deserve.
As the internet continues to evolve, so too will the challenges faced by those who shape its culture. For now, Jools Lebron’s story serves as a reminder of the power of viral trends—and the legal battles that can follow in their wake. Whether or not she secures her trademark, Lebron has already left an indelible mark on the digital landscape with her “very demure, very mindful” catchphrase, and her fans will undoubtedly continue to support her journey.
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