Jools Lebron filed trademark applications related to her ‘very demure’ content. Here’s what to know

NEW YORK — NEW YORK (AP) — “Very subdued, very thoughtful” has become the latest term defining the summer of the internetAnd TikTok creator Jools Lebron is now working to trademark the use of her now-viral words.

Lebron filed an application last week to register the trademark “very demure very mindful” for various entertainment and advertising services, including the promotion of beauty products, with the U.S. Patent and Trademark Office. Two applications dated Thursday are under her legal name, a representative for Lebron confirmed to The Associated Press.

Trademarks can help secure rights to retain certain businesses in the future. But it is also possible — though rare — for content creators to Earn a Meaningful Income After Becoming Social Media Famous through other means such as direct brand sponsorship and viewer donations. Lebron, who is a transgender woman, said last month that she could finance the rest of her transition.

LeBron’s trademark applications are still pending, and it could be some time before a final decision is made. But the move is particularly notable after several other individuals with no known connection to LeBron separately attempted to register Demure-related trademarks in an attempt to capitalize on the phrases’ success, much to the dismay of LeBron’s fans.

The saga, which is still ongoing, has highlighted the complex process of filing trademarks that capture a viral moment, and the struggle social media content creators face to gain both recognition and protection to monetize the trends they popularize.

Here’s what you need to know.

Yes. But in the US there has to be a commercial use involved.

“It’s not just making up a phrase … (or) using it on social media and having it go viral,” said Alexandra J. Roberts, a professor of law and media at Northeastern University, who explained that there has to be a connection to the sale of tangible goods or services. She calls trademarks a “source indicator” because they help consumers understand who’s producing what they’re buying, but not necessarily who came up with a name in the first place.

The law is complicated, and trademarks are often decided on a case-by-case basis. Applications are specific to certain uses, allowing multiple brands to operate under similar names, such as Dove chocolate and Dove soap, or Delta Faucet and Delta Airlines. Courts will give this the green light if they believe consumers can easily distinguish between such different products or services.

But an expression or name that is strongly associated with a particular person can sometimes transcend that.

“Simply put, the reason the trademark exists is to prevent consumer confusion,” said Casey Fiesler, an associate professor of information science at the University of Colorado Boulder. “And if (someone else) were to create a social media marketing service and call it ‘very understated, very deliberate social media marketing,’ that would confuse consumers because they would think it was associated with (Jools Lebron).”

Trademarks are not to be confused with copyright. For example, anyone who ever created a unique TikTok owns the copyright to that video, Fiesler explains. But there are still limits to what is copyrightable, and short sentences themselves almost never apply.

In today’s increasingly digitized world of online trends, creators are increasingly expressing concern about getting credit for their work. And for something like trademark rights, experts point out that it’s a struggle to get there first and have the resources to keep it going.

It’s not uncommon to see a handful of trademark applications bubble up in the midst of a viral moment. Earlier this year, for example, a handful of trademark applications were filed after Hailey Welch, now also known as “Hawk Tuah Girl,” shot to fame by using the phrase in a street interview.

Still, some phrases are too widely used, making it harder for consumers to recognize them as a brand indicator. It can also be tricky when the creator who starts a trend in the first place isn’t recognized. Experts note that the consequences of this haven’t been felt equally in the past.

Historically, young women of color who start a viral trend or coin a new phrase have often seen their work appropriated online — and potentially “hijacked” for trademark rights by someone with greater resources, such as connections to a lawyer, Roberts explained.

“There are many stories of minority members, and particularly women, coming up with new slang … and then seeing it adopted by someone else — often a white man, but not always … (who) is the first to come forward and register and actually make money from it,” Roberts said.

In addition to trademark disputes, Fiesler added that creators seeing their work stolen and reposted on other platforms for monetization is still a “huge problem,” but she hopes the tide is starting to turn. That includes Lebron, who has been widely praised for the “very understated” trend.

“I hope that in the future there will be very strong social norms that enforce this,” Fiesler said.

Three applications filed prior to LeBron’s Thursday filing are still listed as current in USPTO records, effectively putting her in fourth place, Roberts said.

But it is possible that others will later suspend their submissions. And one of the applicants told NBC said she filed a request to help Lebron retain the trademark until she could transfer it.

LeBron’s legal team could potentially defeat rival applications or strengthen her own application by negotiating with other applicants and updating her application to reduce duplication. She could also later oppose a rival application on the grounds of false association.

The trademark process itself can take anywhere from six to nine months, and sometimes closer to a year. And that can take even longer with legal battles or requested extensions.

Still, Roberts stresses that Lebron can “do whatever she wants usage-wise” at this point and start selling merchandise.

There’s also nothing stopping someone from putting “very understated, very thoughtful” on the front of a T-shirt, since that technically qualifies as a decorative use, not a trademark.

But if those words are used as a trademark, for example on a clothing label, then trademark rights come into play.