Auugust 29, 2024
The creator behind TikTok’s “demure” catchphrase creator has become more mindful of U.S. trademark law, reports The Guardian.
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.
“If I were her, I wouldn’t be worried,” said Alli Elmunzer, a trademark 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 $1billion 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.”
Along with that, U.S. 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.
Bates does not seem to have a connection to Lebron, who lives in Chicago, or to he 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 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.
Research contact: @guardian
