The influencer behind the viral ‘demure’ soundbite has lost the first-to-file opportunity to trademark the TikTok phrase under US law. 

Jools Lebron became an overnight sensation as her videos on TikTok began to trend worldwide due to content surrounding three mantras including ‘very demure, very mindful, very cutesy.’ Lebron gave advice to women in the workplace, suggesting ‘demure’ and ‘mindful’ behaviors, ranging from communication skills to fashion and makeup choices. 

‘You see how I do my makeup for work? Very demure. Very mindful,’ says Lebron. ‘I don’t come to work with a green cut-crease… I don’t look like a clown when I go to work… You see how I look very presentable? The way I came to the interview is the way I got the job… Be mindful of why they hired you.’ 

At 43 million views and more than 4 million likes, the success of Lebron’s skit has prompted big brands such as Verizon, Netflix and Zillow to collaborate with Lebron. Verizon and Lebron’s collaboration was the first to roll out and the sponsored content amassed over 1 million views within 24 hours of going live. 

Lebron’s success has given incentives to not just big brands but also third parties to capitalize on her fame. TMZ reported that an individual named Jefferson Bates has filed a trademark application for the ‘very demure, very mindful’ catchphrase and has done so with malicious intention. In short, Lebron did not act fast enough to protect the phrase she has been making profits off and Bates now has the opportunity to legally own the rights to the phrase. 

Founder of Hive Social, Raluca Pop, has filed a state application in California for ‘very demure, very cutesy’ in retaliation to Bates. Pop has declared full intent to transfer the trademark rights to Lebron should the application be successful, adding ‘[LeBron] should be the one the reap the benefits’ as reported by NBC News. 

Should Bates’ application be approved, Lebron will no longer be able to make off the viral phrase and will have to license the trademark from Bates. However, Bates has only filed for a state trademark in Washington – therefore Lebron may still be able to procure a federal trademark for ‘very demure, very mindful’ under the United States Patent and Trademark Office (USPTO). 

LeBron may exercise the right to fully utilize the viral catchphrase as long as Bates’ application remains in the process of gaining approval. 

In the meantime, LeBron has the option to send cease-and-desist letters to Bates and to compile and present evidence of trademark use to USPTO to gain legal rights to her viral phrase. 

According to reports, Bates did not respond to media outlets when inquired. 

Source: the Guardian

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