The Trademark Battle Over "Very Demure, Very Mindful": A Cautionary Tale for Social Media Influencers

The rise of social media influencers has brought with it a unique set of legal challenges, especially when it comes to intellectual property (IP). Jools Lebron (joolieannie) , a TikTok content creator, is currently in the midst of such a challenge as she seeks to trademark her now-viral phrase, "Very Demure Very Mindful." This situation not only highlights the growing importance of trademarks in the digital age but also highlights the difficulties influencers face in protecting their brands from opportunistic third parties.

The Origins of "Very Demure, Very Mindful"

What began as a playful video describing her makeup and hairstyle has turned into a high-stakes trademark dispute, highlighting the intricacies of intellectual property law in the digital age. The catchy and playful delivery quickly went viral, leading to a flood of imitators and fans, including celebrities, sharing their own takes on the phrase. With its widespread popularity, several other individuals, with no known connection to Lebron, filed trademark applications for variations of "Very Demure, Very Mindful" before she could complete her filing. This has created a legal dispute, putting Lebron "fourth in line" behind other applicants.

This scenario highlights a highly debated topic within trademark law: anyone can attempt to register a phrase, even if they weren’t the originator. As long as there’s commercial use tied to the phrase, it can be trademarked. However, the USPTO evaluates trademark applications on a case-by-case basis, taking into account factors such as likelihood of confusion, distinctiveness, and the connection between the trademark and specific goods or services.

In Lebron’s case, the competing applications are likely an attempt by opportunistic individuals to profit from her viral success. This is a common problem, particularly for influencers who may not have the resources to immediately file for trademark protection when their content goes viral. LeBron informed her viewers on social media that she was hopeful and hired a legal team.

Protecting Intellectual Property in the Digital Age

The battle over "Very Demure, Very Mindful" is far from over, but it underscores the importance of protecting intellectual property for digital content creators. In today’s fast-paced, trend-driven environment, it's not uncommon for viral phrases or slogans to become the subject of multiple trademark applications. Those who act quickly often gain an advantage.

For social media influencers like Lebron, trademark protection is essential for maintaining control over their brand identity. A registered trademark not only helps prevent unauthorized use but also provides a legal framework to monetize the viral phrase through licensing or merchandising.

However, this case also reveals a significant hurdle for creators from marginalized communities, such as women of color and transgender individuals. Historically, members of these groups have seen their creative work co-opted by others who have more legal and financial resources. In many cases, those who appropriate the work are able to register the trademark first, leaving the original creators with little recourse.

Key Takeaways for Content Creators and Businesses

For social media influencers and businesses alike, the trademark dispute involving Jools Lebron offers several important lessons:

1. Act Quickly to Protect Your Brand: In the digital age, trends come and go in the blink of an eye. If you create a phrase or slogan that gains traction, filing for trademark protection as soon as possible can help safeguard your rights.

2. Understand the Trademark Process: The U.S. trademark system is complex, and applications are evaluated on a case-by-case basis. Trademarks serve as a "source indicator," meaning they tell consumers who is responsible for the product or service being sold. However, multiple brands can coexist with similar names if they operate in different industries (e.g., Dove soap and Dove chocolate).

3. Prepare for a Lengthy Process: The trademark process can take anywhere from six to nine months or longer, especially if there are competing applications or legal challenges. For creators hoping to cash in on a viral moment, this timeline can be frustrating.

4. Consider All Avenues of Protection: Trademarking a phrase is not the only way to protect your content. Copyright law provides protection for original works like videos or images. While short phrases aren’t typically copyrightable, influencers should still explore all possible legal protections for their content.

5. Seek Professional Legal Help: Navigating trademark law can be daunting, especially for individuals who are new to the legal world. Consulting with an experienced IP attorney can help ensure that your rights are protected, and that you avoid common pitfalls in the trademark process.

Navigating the Trademark Landscape

While Jools Lebron is a prominent figure in this case, she’s not alone. The surge in social media-driven trademarks has led to numerous similar disputes. For instance, the phrase "hawk tuah," which gained viral traction earlier, saw over 30 trademark applications, including one by the original creator.

In the case of “Very Demure Very Mindful,” the applications by Jefferson Bates and Kassandra Pop raise concerns about "trademark trolling," where individuals or entities file for trademarks not with the intent to use them but to benefit from the associated commercial value. Deborah Gerhardt, a professor at the University of North Carolina, points out that such actions can complicate the trademark process for genuine creators like Lebron. Elizabeth Blair, “Very demure, very mindful' trademark issue is 'handled,' TikTok influencer says,” NPR, September 4, 2024, https://www.npr.org/transcripts/nx-s1-5090081.

Despite the challenges, Jools Lebron remains optimistic. In a recent TikTok video, she reassured her followers, stating, “We got it handled and I’m gonna leave it at that … Mama’s got a team now!”

Looking Forward

At Isaboke Law Firm, we specialize in helping businesses and content creators protect their intellectual property rights. Whether you're looking to file a trademark or defend against competing applications, our team is here to guide you through the process and ensure that your brand remains yours.

If you’re an influencer or business owner with questions about trademarks or other aspects of intellectual property law, contact us today for a consultation.

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