The originator of TikTok’s “demure” catchphrase has begun to pay more attention to U.S. trademark law.
Jules Lebron, a social media influencer with over 2 million followers on the platform, skyrocketed to fame by sharing guidance on embodying “modesty,” “kindness,” and “cuteness” in both work and personal life. This trend has picked up steam, leading to collaborations with major brands like Verizon and Netflix featuring Lebron in sponsored content, as well as big-name celebrities such as Jennifer Lopez, Olivia Rodrigo, and Gillian Anderson incorporating the phrase into their own videos.
Recently, Lebron, who is transgender, expressed that the news surrounding her video had a significant impact on her life. A video showing her emotional reaction to this development was shared and then deleted on TikTok, where she disclosed that she had failed to register the trademark in time. According to TMZ, a man named Jefferson Bates from Washington submitted a trademark registration application for a slogan very similar to Lebron’s catchphrase, obviously attempting to capitalize on her success.
In response to this, Raluca Pop, the founder of Hive Social, a social media platform similar to Elon Musk’s X, stepped forward, stating that she had filed an application in California for the phrase “Very Demure Very Cutesy” as a gesture of solidarity with Lebron.
Popp further divulged that she took action after witnessing another individual’s attempt to appropriate Lebron’s words. Not wanting to see Lebron’s catchphrase exploited, Popp decided to secure the trademark and plans to later transfer it to Lebron to ensure she benefits from it.
If Bates’ trademark application receives approval, Lebron may find herself unable to use her catchphrase on any official merchandise or sponsored material in Washington without obtaining a federal trademark. However, trademark lawyers are optimistic that Lebron will be able to defend her rights against Bates’ claim of being “very modest, very considerate…”
Arie Elmanzer, an attorney and the founder of Influencer Legal, a law firm that assists content creators in resolving trademark and contract issues, remarked, “If I were her, I wouldn’t be worried. She was clearly the first to use it, and she should capitalize on it to strengthen her claim as the original creator.”
Elmanzer mentioned that Bates has lodged a $1 billion trademark application, asserting his intention to utilize the trademark. Elmanzer stated, “He claims he’ll use the trademark, but he hasn’t done so yet. This breaches the Trademark Act. When Lebron objects, she can argue that he hasn’t used it, but she has, backed by substantial evidence, providing her with an advantage.”
Additionally, U.S. trademark law grants rights to whoever first uses a mark, not necessarily the first to apply for it. “I have full confidence Revlon could mount a successful defense against this. While pathways exist to secure a trademark, it requires both time and financial investment.”
Kyona McGehee, an attorney and the founder of Trademark My Stuff law firm, emphasized that were she Lebron’s legal counsel, she would promptly issue a cease and desist letter to Bates, demanding withdrawal of his application, asserting full rights to the phrase, and outlining Lebron’s strategy for monetizing the trademark.
McGehee added, “Lebron must file for a federal trademark with the U.S. Patent and Trademark Office as that grants authority nationwide. Once Lebron secures federal registration, she won’t need anything further on the state level.”
Bates, residing in Washington, appears to have no connection either to Lebron, based in Chicago, or her catchphrase. Legal representatives for both parties speculate that if a restraining order fails to dissuade Bates, they may be embroiled in a lengthy legal dispute. In the meantime, Lebron should exploit her catchphrase however she sees fit.
“Just because she lacks a trademark presently doesn’t mean brands will think twice about incorporating her phrases to capitalize on the current momentum,” McGehee commented.
Lebron, originally from Puerto Rico, is making the most of her newfound stardom. She is engaging in sponsored content for “demure” with the hair care brand K18, teasing a potential collaboration with Netflix, and making an appearance after RuPaul guest-hosted the Jimmy Kimmel Show.
However, her copyright dilemma underscores a recurring issue for content creators whose original work becomes viral only to be leveraged by others for profit. In 2021, Black TikTok creators staged a strike in protest against the lack of credit for their work, highlighting disparities in recognition and treatment compared to white creators on the app.
“There’s a digital gap within minority communities,” McGehee noted. “It’s not a shortage of talent but rather a scarcity of information. Those with better resources and financial capabilities are better equipped to seize trend opportunities. At our firm, we advise clients: Act swiftly and file a trademark application when your work gains traction. In the legal realm, it’s more advantageous to take the offensive than play defense.”
Source: www.theguardian.com
