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She made “very modest” popular. Now she wants to trademark its use

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NEW YORK (AP) — “Very humble, very careful” is the newest expression defining the summer of the web. TikTok creator Jools Lebron is now working to trademark her popular words.

Lebron filed a trademark application last week to register the term “very demure very mindful” for various entertainment and promoting services, including the promotion of beauty products, with the United States Patent and Trademark Office. The two applications filed Thursday involve her legal name, a representative for Lebron confirmed to The Associated Press.

Trademarks may also help secure the rights to keep some businesses in the long run. But it is also possible — though rare — for content creators earn real money after becoming famous on social media through other channels, resembling direct brand sponsorships and viewer donations. Lebron, who’s a transgender woman, said last month that she was able to finance the remaining of her transformation.

LeBron’s trademark applications are still pending, and it may very well be a while before a final decision is made. However, the move is especially noteworthy after several other individuals with no known connection to LeBron individually attempted to register trademarks related to demure, apparently to capitalize on the success of the phrases, much to the chagrin of LeBron fans.

While the saga is much from over, it has make clear the complicated technique of filing trademarks that perpetuate viral moments — and the struggle social media content creators face to gain recognition and find protections to monetize the trends they popularize.

Here’s what you would like to know.

Can you trademark a viral phrase?

Yes. But within the US there should be a industrial use included.

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

The law is complex, and trademarks are sometimes case-by-case. Applications are specific to specific uses, allowing multiple brands to operate under similar names—Dove chocolate and Dove soap, or Delta Faucet and Delta Airlines. Courts give the green light when it’s assumed that customers will give you the option to easily distinguish between such different services or products.

However, sometimes a phrase or name strongly related to a particular person can outweigh that person.

“The whole reason for a trademark, to put it bluntly, is to prevent consumer confusion,” said Casey Fiesler, an assistant professor of computer science on the University of Colorado Boulder. “If (someone else) created a social media marketing service and called it ‘very humble, very thoughtful social media marketing,’ that would confuse consumers because they would think it was related to (Jools LeBron).”

Trademarks shouldn’t be confused with copyright. Anyone who has ever created a singular TikTok, for instance, owns the copyright to that video, Fiesler explains. But there are limits to what might be copyrighted, and short phrases alone almost never apply.

What options do content creators have to protect their work?

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In today’s increasingly digitalized world of online trends, creators are increasingly expressing concerns about getting their work recognized. And when it comes to something like trademark rights, experts emphasize that it’s a fight each for getting there first and for the resources to do it.

It’s not unusual for a handful of trademark applications to pop up during a viral moment. Earlier this yr, for instance, several trademark applications were filed after Hailey Welch, now often known as “Hawk Tuah Girl,” became famous for using the phrase in a street interview.

Still, some phrases have been found to be overused, making it difficult for consumers to recognize them as brand indicators. It may also be difficult when credit just isn’t given to the creator who began the trend — and experts note that the results of this haven’t been felt to the identical extent previously.

As Roberts explained, historically, young women of color who began a viral trend or introduced a brand new phrase often saw their work appropriated online — and potentially “poached” from someone with more resources, resembling connections to a lawyer for trademark rights.

“There are a lot of stories about members of minorities, and women in particular, who came up with new slang … and then someone else took it over — often a white guy, but not always … (who) signed up first and really cashed in on it,” Roberts said.

Beyond the disputes over specific trademarks, Fiesler added that creators seeing their work stolen and reposted on other platforms for monetization continues to be a “huge problem,” but she’s hopeful that’s starting to change. That includes LeBron, who has been widely credited with starting a “very humble” trend.

“I hope there will continue to be very strong social norms that enforce this,” Fiesler said.

Three applications filed before Lebron’s Thursday filing are still on the USPTO docket, which might essentially make her “fourth in line” for consideration, Roberts said.

But it is feasible that others have suspended their applications later. And one in every of the applicants he told NBC said she filed a motion to help LeBron keep the trademark until she can transfer it.

What options does LeBron have?

Lebron’s legal team could potentially fight off rival motions or strengthen its own by negotiating with other motions and updating its motions to reduce any overlap. It could also oppose a rival motion in the long run on the grounds of false association.

The trademark process itself can take longer than the trend itself, taking six to nine months, sometimes closer to a yr. And that may drag on even longer within the event of a legal battle or requested extensions.

Roberts, nevertheless, emphasizes that LeBron can now “do whatever he wants as far as usage goes” and begin selling merchandise.

There’s also nothing to stop someone from putting the words “very humble, very mindful” on the front of their T-shirt — since that’s technically an ornamental use, not a trademark.

However, when these words grow to be a brand, visible for instance on a clothing tag, then trademark rights come into effect.


This article was originally published on : thegrio.com
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JAY-Z Cuts Ribbon at Fanatics Sportsbook Opening in Jersey

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Brooklyn-born billionaire JAY-Z officially entered the sports betting industry with the grand opening of the primary Fanatics Sportsbook at the Ocean Casino Resort in Atlantic City.

The “Hard Knock Life” announcer cut the ribbon while his partner in the enterprise, Fanatics founder and CEO Michael Rubin, was there together with Fanatics Betting and Gaming CEO Matt King and Ocean Casino Resort CEO Bill Callahan at the Sept. 15 event.

According to , immediately after the ribbon-cutting ceremony, 15-time PGA golfer Justin Thomas was the primary person to place bet at the venue. He placed a $100 bet on his alma mater, the Crimson Tide, to win the NCAA football championship.

Although the ribbon-cutting ceremony only recently took place, the 1,100-square-meter facility has been open since September 5.

announced that Quavo, Jalen Rose, Dez Bryant and Ryan Clark Also attended.

JAY-Z has greater plans for the betting industry.

Two years ago, JAY-Z and his group Roc Nation joined SL Green and Caesars Entertainment announce they try to open a brand new, state-of-the-art gaming facility at 1515 Broadway in Times Square, New York City. Roc Nation has taken out promoting in several distinguished New York publications, including , , and in an open letter addressing “conflicting parties” attempting to “spread disinformation” about their casino plans.

A trio of independent corporations imagine the property, which will likely be called Caesars Palace Times Square, cause seven million recent visitors to Times Square. Native New Yorkers and tourists will bring billions of dollars in economic advantages to Broadway and surrounding businesses.

No public decision has yet been made regarding opening a casino in the town center.


This article was originally published on : www.blackenterprise.com
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Breakr Founders Discuss Innovation and Support from Us

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Breakr


The relationship between Breakr founders Anthony and Ameer Brown is what happens while you mix innovation, entrepreneurship, and resilience. As siblings, their love for one another runs deep, and they convey that very same admiration to their work as co-founders of a dynamic platform that connects artists, brands, and creators as they work to rework the landscape of the music industry.

As a tech company, Breakr quickly became an industry powerhouse, changing the best way music, talent, brands, and influencers are discovered and shared. Since its launch in 2020, Breakr has been connecting artists with labels and brands seeking to capitalize on the creator economy. Beyond that, Anthony says ensuring creators are paid what they’re value keeps him up at night (in the easiest way) with regards to business.

“We’ve been doing this for about three and a half years now, and you can get tired if you don’t have a reason to,” Anthony said. BLACK ENTREPRENEURSHIP. “I think our why has really crystallized over the last few weeks, which is really more like months. It’s like, Hey, we want to make it easier for brands and labels to find creators, but we also want to make it easier for brands and labels to interact and provide value to creators.”

“The most important thing is streamlining those payments. Payments was a really important innovation that we pushed at Breakr,” he continued. “We made it our business and kind of our modus operandi to pay these kids in real time. For us, that stops evictions. That stops people from having to have a job and be a creator on the side. It allows people to go out and price themselves appropriately because they know they’re going to get their money immediately.”

The company’s name comes from the beatbreaker that DJ is, and the opposite half of its name comes from the concept that the corporate desires to act as a switchboard or an off switch for the entities that use its platform, whether or not they’re creators, brands, or record labels.

“We want to be the central infrastructure,” Ameer explained. “Think about a home. All the different devices in your home are powered by electricity, but they need to be told where to go, what voltage needs to be delivered, all the information that needs to get there is transmitted through the electricity that goes to that device, so we think of Breakr as a way for the creator economy, we want all the different inputs and all the different devices to get the right information. They need the right payment. They need the right resources. They need the right performance. They need the right data that they need at the right time, and that’s basically why we’re called Breakr. We’re just a routing engine that connects people and solves problems at an efficient scale.”

As founders of Breakr and graduates of the esteemed HBCU, Florida A&M University (FAMU), the Brown brothers’ vision for the corporate got here as an “aha” moment at the identical time the world was shutting down attributable to the COVID-19 pandemic. The Brown brothers were in a position to bring their friends along on the journey. For Anthony, working alongside his siblings was “the biggest, most stressful, amazing experience” of his life.

“We started Breakr with two other co-founders who are friends of Ameer,” he recalls. “They did a ton of events together in college. They went to FAMU, Daniel Ware and Rotimi Omosheyin, and that was the beginning. They created a whole culture from the beginning in terms of how they operated together, and I think Breakr works because from my perspective, as a technical outsider who didn’t know how they operated together, I kind of got to know them, and what they mastered together was culture. It’s a deep appreciation of culture. My background was more in finance, Wall Street, Goldman Sachs, JP Morgan, but they spent so much time in culture, curating culture, and creating culture, that it ended up being part of our DNA as a company. We really stand on the shoulders of that culture.”

Breakr’s culture itself attracted early investors like rapper-turned-entrepreneur and culture maven Nasir “Nas” Jones. Through a program called General Assembly, which each Ameer, along with his background in PR and communications, and Anthony, along with his work in tech, had access to earlier of their careers, they not only got a deeper dive into the world of digital marketing and coding, but additionally caught the eye of Nas and Queensbridge Venture Partners, this system’s early backers.

The pair had no concept that not only would they meet Nas just a few years later at Hip Hop’s fiftieth anniversary party, but that it will occur while they were fully immersed of their entrepreneurial careers, constructing Breakr from the bottom up.

“The story has come full circle for Tony and me and everything,” Ameer said. “We’re both from Queens. Our family is from Southside Jamaica Queens. Our whole story is from Queens, and Nas is basically a Queens kid, you know what I mean. So the fact that he is who he is and we know him is the coolest thing in the world.”

Anthony added, “We had the opportunity to meet him in person, tell him the whole story, take pictures, etc. It was just a great moment, a complete turnaround, to meet him as an entrepreneur who literally taught himself technology and coding through an investment he made years ago. And also for him to reinvest in our company, which was significant for us in those early days in terms of just giving us a battery in the back to keep going.”

“The opportunity to actually fund our business is just crazy. It’s a story that no one would believe if it wasn’t true,” Anthony continued. “I actually wrote it. My essay to get into the General Assembly was read and they said, ‘Why did you name your essay that?’ I was like Nas said in 2009: it meant ‘worst of the worst, coolest thing ever.’ And I thought, I want to be the greatest tech guy. I want to be able to do tech with the best of them, right? So I named the paper. And that was the thing that the person at the General Assembly who read the essay said that convinced me. She said, ‘That’s a unique approach and I think it’s a great story and I want to hire you for the program.’ So it’s a crazy story.”

In addition to being an investor, Nas is included in Breakr’s ever-evolving roster of artists using the platform. Other notables include Megan Thee Stallion, Gunna, Rick Ross, Future, and more. In addition to musicians, corporations like Meta, Live Nation, and P&G are among the many brands currently tapping the startup for various campaigns with the aforementioned artists.

With exponential growth in a brief time frame, Breakr has built a world database of 55 million creators, and the corporate is growing by the minute, employing over 70,000 creators. Looking ahead, the Brown brothers hope to succeed in over $25 million in transaction volume by the tip of next 12 months.

“I think it’s not unrealistic to see a world where we’re doing over $160 million in transactions by 2026,” Anthony said. “In fact, by 2027, we predict we’re doing somewhere around $330 million to $350 million in transactions. The North Star for me is what’s it going to take? How long is it going to take us to get to a billion dollars in payments processed per 12 months? So every strategy and all the things we do is tied to attending to that in the following five years.

Crash Here to learn more about methods to join the Breakr community.


This article was originally published on : www.blackenterprise.com
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Home Depot to pay $2 million to settle false advertising case

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Home Depot


Home Depot has settled a civil case alleging false advertising and other deceptive business practices. The home goods store will pay nearly $2 million despite admitting no wrongdoing.

District attorneys in California initially filed the grievance in San Diego Superior Court. According to the Los Angeles County District Attorney’s Office, Home Depot allegedly cheated customers to pay the next price than the advertised price of the product. This was considered a “scanner violation”, the product label on the shelf won’t ring the identical on the checkout due to the costlier UPC code.

Case lawyer George Gascón called the settlement a “clear message” that these illegal practices by large corporations won’t be tolerated.

“False advertising and unfair competition are serious crimes that undermine consumer trust and distort the marketplace,” District Attorney Gascón explained in a press release. “When companies engage in deceptive practices, they not only deceive consumers, but they also gain an unfair advantage over companies that operate ethically and transparently. This settlement sends a clear message that such behavior will not be tolerated and underscores our commitment to protecting the rights of consumers in our community.”

The company began negotiations with district attorneys on August 26. As a result, the ruling ordered Home Depot to pay $1.7 million plus an extra $277,251 in investigation costs and damages. The additional fee may also support enforcement of consumer protection laws.

In addition, Home Depot is prohibited from promoting false advertising and charging more for an item than is visible. The ruling also ordered it to implement a price accuracy program. It includes more audits and training, in addition to eliminating weekday price increases.

However, an act of contrition was not certainly one of the necessities, as Home Depot didn’t admit to committing against the law. LADA noted that the corporate, which Identifies as the world’s largest home improvement retailer, cooperated throughout the investigation.


This article was originally published on : www.blackenterprise.com
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