What the 'Demure' Trademark Debate Could Mean for Creators

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Author

Shira Lazar
September 01, 2024

TikTok star Jools Lebron recently found herself in a trademark battle over her viral phrase “very demure, very mindful.” After the phrase took off, others rushed to claim it, threatening Lebron's ability to profit from her meme. In response, she took to TikTok to announce the issue had been "handled," reflecting a significant shift in how internet culture values and defends digital creations.

@joolieannie

#fyp #demure

This isn’t the first time a creator has faced challenges in capitalizing on a viral trend. A decade ago, Peaches Monroe coined “on fleek” and saw brands profit without receiving any benefits herself. Today, however, the landscape is changing. Creators like Lebron are quicker to protect their content, and the community and brands often rally behind them, recognizing that memes and catchphrases are valuable intellectual property. 

Right now, it's too early in the registration process to know for sure.

Having said that, given that the pending mark has already been in use throughout the stream of commerce by Lebron, specifically in helping with brand partnership deals, among others -- there's definitely a strong case for this pending registration application from Bates to be rejected by the USPTO.

As Lebron has a significant social media following, where her community knows this phrase and associates with her, is another major factor in Lebron's favor, as there could be an argument for a likelihood of confusion if Bates' application is approved. Right now, this filing simply puts Lebron on "official notice" of which she must argue in support of her ownership of the mark.

Andrew Rossow, a digital media attorney with Minc Law and CEO of AR Media Consulting.

It's a new era where content creators, especially from marginalized groups, are claiming their space and value. This may not resolve every battle over online content, but it sets a precedent: digital creators are learning to play the game on their own terms.

It’s also a reminder to get the right support, including legal advice. There are now lawyers who specialize in the creator economy, like Tyler Chou. 

My Hot Take🔥: The “Demure” incident highlights a growing awareness that digital content is real work. More creators now understand the importance of owning their phrases, trends, and memes. They have more support, whether from legal experts or online allies, to defend their rights. While not every meme will turn into a brand, this shift shows that creators are no longer passive participants in the digital economy—they’re stakeholders with something to gain. 

Shira Lazar

A Little Inside Scoop:

When we launched What’s Trending with CBS News in 2011, I trademarked the name for use in news and content in the United States. Just a few months later, the Today Show launched their own What’s Trending segment. At the time, I wanted to send them a cease and desist, but the network wasn’t on board.

Looking back, I realize that while I never fully leveraged the trademark—because of the resources it would take to challenge everyone who used the phrase—I’m now more interested in collaboration or finding ways to leverage the brand for licensing and monetary opportunities. Though the phrase has become quite ubiquitous, we still own the URL and all the social channels associated with it.

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Bullish On… Tiffany Yu

Tiffany Yu is a powerful advocate for disability awareness, a founder of Diversability, and an inspiring speaker. Her new book, "Anti-Ableist Manifesto," challenges readers to rethink their perceptions of disability and create a more inclusive world. I’m bullish on Tiffany because her work pushes the conversation forward, breaking down barriers and fostering a community where everyone feels seen, heard, and valued.

 Gentle reminder 🤲 

If you want to make a meaningful impact in the world, focus on what brings you joy and peace. 

That inner fulfillment will naturally create a ripple effect. 

Remember, I'm Bullish on you!

With gratitude,