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Not very demure: TikTok creator faces a legal battle over her own catchphrase

A man in Washington state has trademarked the phrase – but all isn’t lost for Jools LeBron, legal experts say

Jools Lebron appears on Jimmy Kimmel Live! on 19 August 2024 after her ‘very demure, very mindful’ catchphrase went viral on TikTok. Photograph: Randy Holmes/AP

Jools Lebron appears on Jimmy Kimmel Live! on 19 August 2024 after her ‘very demure, very mindful’ catchphrase went viral on TikTok. Photograph: Randy Holmes/AP

The creator behind TikTok’s “demure” catchphrase has become more mindful of US trademark law.

Jools Lebron, an influencer with over 2 million followers on the app, became an overnight sensation after advising on how to be “demure”, “mindful” and “cutesy” at work and in life. The trend picked up steam, with brands like Verizon and Netflix working with Lebron on sponsored content, and celebrities such as Jennifer Lopez, Olivia Rodrigo and Gillian Anderson using the phrase in their own videos.

Last week, Lebron, who is trans, announced that the buzz around her videos had changed her life, and said she can now finance her transition due to her internet fame.

But it’s not all good news: Lebron posted (and then deleted) a teary-eyed TikTok revealing that she “didn’t trademark fast enough”. According to TMZ, a man in Washington state named Jefferson Bates filed to trademark “Very Demure .. Very Mindful ...” in an apparent attempt to cash in on Lebron’s success.

“I wanted to do so much for my family and provide for my transition, and I just feel like I dropped the ball,” Lebron said in the video. (Neither Lebron nor Bates responded to a request to comment.)

Raluca Pop, who founded the social media platform Hive Social as an alternative to Elon Musk’s X, also came forward saying she filed an application for “Very Demure Very Cutesy” in California, as a means of solidarity with Lebron.

“Once I saw that this other guy tried to steal it out from under her, I realized that he didn’t trademark the remainder of her phrase, ‘very cutesy’,” Pop told NBC News. “And that’s why I went and did it, instead.” Pop added that she planned to transfer the trademark to Lebron because “she should be the one to reap the benefits”.

If Bates’ application is approved, Lebron will not be able use her catchphrase on official merchandise or in sponsored content in Washington. That is, unless she gets a federal trademark. And trademark lawyers are confident Lebron can both fight Bates’ claim to “Very Demure .. Very Mindful ...” and secure her own rights.

“If I were her, I wouldn’t be worried,” said Alli Elmunzer, an attorney and founder of Influencer Legal, a law firm that helps content creators navigate trademark and contract issues. “It’s very clear that she was the first to use it – she should start monetizing it, because that only gives strength to her case of being the first.”

According to Elmunzer, Bates filed a $1bn trademark application, which declares an intent to use a trademark. “He’s saying he’s planning to use it, but hasn’t yet,” Elmunzer said. “This gives [Lebron] a leg up, because when she opposes, she can say he’s not using it and she is, and she has all this proof.”

 

I tell my clients: as soon as you see your work going viral, you have to work fast - Kyona McGhee, attorney

Along with that, US trademark law recognizes the first person to use a trademark, not the first person to file it. “I have no doubt that Lebron will be able to successfully oppose this, and there’s a pathway for her to get the trademark, but it will cost her time and money to get it.”

Kyona McGhee, an attorney and founder of Trademark My Stuff law firm, said that if she were Lebron’s attorney, she would immediately send a cease and desist letter to Bates, demanding that he withdraw his application and claiming all rights to the phrase, plus name the ways Lebron plans to monetize the trademark.

“She has to file with the US Patent and Trademark Office for a federal trademark, because it will have authority across the country,” McGhee added. “Once Lebron has federal registration, she won’t need anything on a state level from anyone or anything.”

Bates, who lives in Washington, does not seem to have a connection to Lebron, who lives in Chicago, or the catchphrase. Both attorneys say that, if the cease and desist order doesn’t deter him, then the two parties could be in for a tedious legal battle. In the meantime, Lebron should monetize the catchphrase however she wants.

“I don’t think that her not having a trademark yet means that brands will shy away from wanting to strike while the iron is hot and use her phrase,” McGhee said.

Lebron, who is Puerto Rican, is making the most of her newfound fame, posting “demure” sponsored content with the haircare brand K18, teasing a potential collaboration with Netflix, and appearing on the Jimmy Kimmel show with RuPaul as guest host.

But her copyright struggles highlight a common issue for content creators who go viral and watch others capitalize on their original work. In 2021, Black TikTok creators went on strike to protest a lack of credit for their dances, saying that white creators often received more attention and better treatment on the app.

“There is an information gap in the minority community,” McGhee said. “There’s not a lack of talent, but there is a lack of information, and people who have better resources and deeper pockets are better aware of how to capitalize on trends. In my firm, I tell my clients: as soon as you see your work going viral, you have to work fast and file a trademark application immediately. It’s much better to play offense than defense in the legal world.”

Author: Alaina Demopoulos

Source: The Guardian

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