The Importance of Trademarking: Lessons from Jools Lebron’s “Demure” Journey
In the age of social media, where trends can explode overnight and turn ordinary individuals into internet sensations, the legal aspects of intellectual property can often be overlooked. Jools Lebron, a TikTok influencer with over 2 million followers, learned this lesson the hard way when her catchphrase “Very Demure, Very Mindful…” became a viral sensation. The phrase, which resonated with millions and even caught the attention of major brands and celebrities, now sits at the center of a trademark battle that highlights the importance of protecting one’s creations.
Jools Lebron’s Rise to Fame
Jools Lebron, a Puerto Rican transgender woman, rose to prominence on TikTok by sharing tips on how to be “demure,” “mindful,” and “cutesy” in both work and life. Her content struck a chord with audiences, particularly as it aligned with the growing trend of mindfulness and self-care. The phrase quickly gained traction, and soon, major brands like Verizon and Netflix were collaborating with Lebron for sponsored content. Even celebrities like Jennifer Lopez and Olivia Rodrigo were using the catchphrase in their own videos, amplifying its reach.
Lebron’s newfound fame brought about significant changes in her life. In a heartfelt post, she shared that the success of her videos had not only changed her life but also allowed her to finance her gender transition. However, the joy of this success was soon overshadowed by a legal issue that many content creators fear but few anticipate.
The Trademark Battle: A Cautionary Tale
Lebron’s viral catchphrase became a legal battleground when Jefferson Bates, a man from Washington state, filed to trademark the phrase “Very Demure, Very Mindful…” in an apparent attempt to profit from Lebron’s success. The news was devastating for Lebron, who posted an emotional video—later deleted—expressing her regret for not securing a trademark sooner.
Trademarks are a crucial aspect of intellectual property law in the United States. They protect brand names, slogans, and other identifiers that distinguish goods or services in the marketplace. According to U.S. trademark law, the first person to use a trademark in commerce has the superior right to it, even over someone who files for the trademark first. This is known as “common law” trademark rights.
In Lebron’s case, her widespread use of the phrase on social media and in sponsored content provides her with a strong claim to the trademark, even though she didn’t file for it initially. Legal experts, like Alli Elmunzer, an attorney specializing in influencer law, have weighed in on the situation, stating that Lebron has a solid case to challenge Bates’ trademark application. Since Bates has not yet used the phrase in commerce and only filed an intent to use application, Lebron’s extensive use of the catchphrase gives her an advantage.
Fighting Back: What’s Next for Lebron?
Despite Bates’ filing, all is not lost for Lebron. Attorneys like Kyona McGhee, founder of Trademark My Stuff law firm, suggest that Lebron should immediately take legal action by sending a cease and desist letter to Bates, demanding that he withdraw his application. Additionally, securing a federal trademark through the U.S. Patent and Trademark Office (USPTO) would solidify Lebron’s rights to the phrase across the country, preventing others from using it without her permission.
Raluca Pop, the founder of Hive Social, also stepped in to support Lebron by filing an application for the phrase “Very Demure Very Cutesy” in California. Pop’s intention is to transfer the trademark to Lebron, ensuring that she benefits from her creation.
Lessons for Content Creators
Lebron’s experience underscores a common issue that many content creators face: the lack of awareness about the legal protections available to them. The rapid rise of social media has created an environment where content can go viral in a matter of hours, but without the proper legal safeguards, creators can find themselves vulnerable to exploitation.
This situation also highlights a broader issue within the creative community, particularly among minority creators. McGhee points out that while there is no shortage of talent in these communities, there is often a gap in access to information and resources that can protect their work. This gap can lead to situations where creators are left defending their intellectual property, rather than proactively protecting it.
For content creators, the key takeaway from Lebron’s experience is the importance of acting quickly when their work gains traction. Filing for a trademark as soon as possible can prevent others from capitalizing on their success and provide a solid foundation for building a brand. In the fast-paced world of social media, playing offense in the legal arena is often the best defense.
Moving Forward
As Jools Lebron continues to navigate her newfound fame, her story serves as both a cautionary tale and an inspiration. While the trademark battle may be a daunting challenge, it also presents an opportunity for her to assert her rights and continue to grow her brand on her terms. For other creators, Lebron’s experience is a reminder to stay vigilant and informed about the legal aspects of their work, ensuring that their creativity is both celebrated and protected.
