The Trademark Battle Over “Very Demure, Very Mindful”

As social media trends go, it could be much worse. In early August, TikTok contributor and influencer Jools Lebron became an overnight sensation, gaining more than 200 million followers after sharing tips on how to be “very demure, very mindful, very cutesy” in appearance, particularly in the workplace. The phrase quickly took off, with celebrities like Jennifer Lopez, Olivia Rodrigo, Khloe Kardashian, and Gillian Anderson quoting it in their own videos. This skyrocketed Lebron’s fame, landing her a spot on Jimmy Kimmel Live.

The phrase, intended to be both silly and satirical, has sparked significant cultural conversation. In her original post, Lebron stated:

“See how I do my makeup for work? Very demure, very mindful. I don't do too much. I'm very mindful while I'm at work. See how I look? Very presentable. A lot of you girls go to the interview looking like Marge Simpson and go to the job looking like Patty and Selma, not demure.”

The Trademark Frenzy Begins

With the trend gaining momentum, it didn’t take long for opportunists to appear. Within days of Lebron’s phrase going viral, several third parties with no connection to her rushed to file trademark applications with the United States Patent and Trademark Office (USPTO) for phrases like “Very Demure… Very Mindful,” “Always Demure and Very Mindful,” and “Very Demure, Very Cutesy.”

One of these applicants—Jefferson Bates from Washington state—is known for having multiple applications pending before the USPTO, and may be considered a “trademark troll.” Trademark trolls often file to register trending words or phrases with the intent of selling those rights later for a profit.

On August 29, 2024, Lebron filed her own applications, but at the time of writing, she sits fourth in line. This raises the question: how will the race to registration play out?

Understanding Trademark Priority

While federal trademark registration provides substantial benefits, trademark rights are actually rooted in the use of the mark in commerce, not necessarily in its registration. In the world of trademarks, this concept is known as priority.

Interestingly, all pending applications—including Lebron’s—were filed as intent to use applications. This means that none of the applicants, including Lebron, have yet used the phrase for the goods or services they listed in their applications. Moreover, one cannot trademark generic phrases or sayings that don’t identify the source of goods or services. These issues were pivotal in a well-known trademark dispute involving pop star Lizzo last year.

The Lizzo Trademark Precedent: A Lesson for Lebron

In that case, Lizzo attempted to register the phrase “100% THAT BITCH” for use on clothing and other merchandise. The USPTO initially refused her application, arguing that the phrase was too generic to function as a trademark. However, on appeal, the Trademark Trial and Appeal Board reversed this decision, ruling that while Lizzo did not invent the phrase, she popularized it through her hit song “Truth Hurts” in 2017.

Because Lizzo elevated the phrase to a culturally significant status, the Board determined that consumers associated the phrase with her. Additionally, the Board noted that many third-party sellers who used “100% THAT BITCH” in their products referenced Lizzo and her music, thus reinforcing the phrase’s association with the pop star.

Establishing Use in Commerce

Like Lizzo, Jools Lebron coined the phrase “Very demure, very mindful,” and it has gained significant recognition. This recognition may support her case when proving that the public associates the phrase with her.

However, Lebron still faces the hurdle of establishing use of the phrase in commerce. This means she needs to prove that she’s using the phrase on the specific goods and services listed in her trademark applications, such as apparel, merchandise, or digital content.

Apart from establishing her own use, Lebron also has to contend with the prior-filed applications currently pending at the USPTO. Despite these challenges, it seems clear that Lebron has priority over the other applicants, as she was the one who coined the phrase. The question now is how long it will take to resolve the situation.

Cease and Desist: A Possible Next Step?

One tool in Lebron’s legal arsenal is the cease and desist letter. Given the visibility of the situation, sending a well-crafted letter could pressure one or more of the other applicants to withdraw their filings. However, this strategy may not work on everyone, particularly with potential trademark trolls involved. If any of the applicants refuse to back down, Lebron may be forced into a costly legal battle to assert her rights.

Time-Sensitive Strategy: Capitalizing on the Trend

Given the viral nature of the phrase and potential deals with Netflix and Verizon in the works, Lebron’s best course of action may be to continue establishing commercial use of the phrase across various products and services. As of now, she’s filed the necessary federal registrations, but she needs to act quickly before the trend dies down.

With the USPTO’s backlog of six months to a year, the trademark registration process could take far longer than the phrase’s relevance in pop culture. Timing will be critical in ensuring Lebron can fully capitalize on her phrase before the trend fades.

For more information about trademark protection and the trademark registration process, see our trademark services practice page.

Klemchuk PLLC is a leading IP law firm based in Dallas, Texas, focusing on litigation, anti-counterfeiting, trademarks, patents, and business law. Our experienced attorneys assist clients in safeguarding innovation and expanding market share through strategic investments in intellectual property.

This article is provided for informational purposes only and does not constitute legal advice. For guidance on specific legal matters under federal, state, or local laws, please consult with our IP Lawyers.

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