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

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?

Business

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.

What is the status of other demure-related trademark applications?

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.