A Viral Phrase and the Fight for Credit

The summer's hottest phrase, "very demure, very mindful," has gone viral, and its creator, Jools Lebron, is taking steps to protect it. She filed for trademarks last week, aiming to secure rights for various services, including beauty product promotion.

However, securing trademarks requires a connection to selling goods or services, not just viral fame. Trademarks act as "source indicators," helping consumers understand who is behind what they buy.

The law is complex, with applications specific to certain uses, allowing similar names for different products (e.g., Dove chocolate vs. Dove soap). But a phrase strongly associated with an individual can sometimes take precedence.

In Lebron's case, using "very demure, very mindful" for a social media marketing service could confuse consumers, as they might associate it with her. This highlights the importance of trademarks in preventing confusion.

It's crucial to distinguish trademarks from copyrights. While creators own the copyright to their unique TikToks, short phrases rarely qualify for copyright protection.

In today's digital world, creators increasingly fight for credit. Securing trademarks often requires being first to file and having resources for the process. This can be challenging, especially for marginalized creators who face appropriation and difficulty accessing legal help.

However, there's hope. Social norms are shifting towards crediting creators, and platforms are addressing content theft. Lebron, widely credited for the "very demure" trend, has options to strengthen her claim and fight rival filings.

The trademark process can take months or even a year, but Lebron can continue using the phrase and selling merchandise in the meantime.

The story of "very demure, very mindful" highlights the ongoing struggle for creators to gain recognition and control over their work in the digital age. As online trends evolve, finding ways to protect creators' rights and ensure proper credit and compensation will be crucial.