NEW YORK – “Very demure, very mindful” has emerged as the defining phrase of this summer. Creator Jools Lebron is now taking steps to trademark her viral expression.
Last week, Lebron submitted a trademark application for “very demure very mindful” with the U.S. Patent and Trademark Office. The filings are aimed at securing rights for various entertainment and advertising services, particularly in promoting beauty products.
Trademarks can provide essential protections for businesses, enabling creators to monetize their social media fame through avenues like brand sponsorships. Lebron, a transgender woman, previously shared that her social media success helped finance her transition.
While Lebron’s trademark applications are pending, the situation has garnered attention as others, with no apparent ties to her, have sought to register similar demure-related phrases. This has sparked frustration among her supporters.
The ongoing saga shines a light on the complexities of trademarking viral phrases and highlights the struggles content creators face in obtaining recognition and protections for their popular trends.
In the United States, trademark applications must be connected to specific commercial use. Alexandra J. Roberts, a law professor, noted that trademarks serve as “source indicators,” helping consumers identify the origin of goods while not determining who initially coined a phrase.
Understanding trademark law can be intricate, as applications are evaluated on a case-by-case basis. Multiple brands can operate under similar names if consumers can distinguish between them, as seen with brands like Dove chocolate and Dove soap.
However, strong associations between a phrase and an individual can influence trademark decisions. Casey Fiesler, an information science professor, emphasized that trademarks exist to prevent consumer confusion over brand identity.
It’s essential to differentiate trademarks from copyright, which automatically protects unique works. Short phrases, like Lebron’s, rarely qualify for copyright.
Concerns about recognition in the digital landscape are growing among creators. As trends erupt online, it’s common for multiple trademark applications to appear within a viral moment. Earlier this year, for example, multiple applications surfaced following the rise of another viral phrase.
Some expressions might be deemed too widely used, complicating their status as brand identifiers. A lack of credit for original creators can lead to inequities in trademark registration, particularly for individuals from underrepresented backgrounds.
Historically, young women of color have seen their innovative trends appropriated, often leaving them at a disadvantage when it comes to trademark rights. Roberts highlighted the pattern of more resourceful individuals capitalizing on these trends.
Beyond trademark disputes, issues of content theft continue to plague creators, though there is hopes for change, especially regarding recognition of Lebron’s contributions.
Currently, three trademark applications filed prior to Lebron’s remain active, ranking her “fourth in line” for consideration. However, other applicants may opt to suspend their filings, and there have been indications some are supporting Lebron’s efforts.
In the trademark process, Lebron’s legal team could negotiate with other applicants or oppose competing filings on grounds of false association. The trademark process typically spans six to nine months, potentially extending longer in the event of disputes.
Roberts noted that Lebron retains the ability to monetize her brand in the interim and could start selling merchandise immediately. Although others may use “very demure, very mindful” in an ornamental capacity, securing trademark rights would hinge on its branding, especially on merchandise.
