“Demure is a mindset,” according to TikTok’s latest trendsetter, Jools Lebron. Lebron, otherwise known as the creator of the phrase “very demure, very mindful,” has skyrocketed to fame since going viral on TikTok for poking fun at feminine stereotypes and makeup. Now, millions of her TikTok followers are embracing the phrase as satire, describing everything from glamorous makeup looks to menial activities like household chores. Even celebrities like Lindsey Lohan and Jennifer Lopez hopped on the trend.
Lebron, who is also trans, has revealed that she wants to trademark her phrase as a means to raise money for gender-affirming surgery and to support her family. Unfortunately, someone named Jefferson Bates in Washington decided to beat her to it, according to court documents obtained by TMZ.
With makeup partnerships left and right and an appearance with RuPaul on the Jimmy Kimmel Show, this legal dispute is a big blow to Lebron. Fortunately, the TikTok star, who’s now amassed over 2 million followers, updated her fans with some good news last week.
In her video, Lebron told viewers the situation “is handled” and that “mama’s got a team now,” inferring that she’s prepped and armed with a strong legal team ready to fight for her right to the trademark. Lebron said her newfound TikTok fame islife changing, so it only makes sense that she be given ownership of her creation.
For those who aren’t familiar with the legal ins and outs of trademark disputes, our friends at R.J. Pierce Law Group are here to help explain this complex situation. With over 15 years of legal experience in the trademark field and top rankings out of over 30,000 law firms, founder Rosezena Pierce is an expert in providing legal services to rising entrepreneurs like Lebron.
For a quick rundown on how filing a trademark works, Rosezena says that doing research with an attorney is the first step of the process. Things one should research include whether or not their phrase is truly unique enough to be trademarked and if they can prove they are the source user of that phrase.
“The good thing about Jools’ situation is that she has video evidence to say, ‘this is my slogan,'” Pierce said.
After submitting a trademark application, it can take eight to nine months for the government to even review it and if it’s approved, it goes to what is called ‘publication for opposition,'” said Pierce.
“Publication for opposition allows anyone in the public 30 days to oppose the trademark,” she explained. “If no one opposes the trademark, then you will have registration within 12 weeks from a 30-day deadline.”
Pierce also says that trademarking a phrase is more than ownership over certain words. In fact, people cannot trademark words without identifying a marketing purpose.
“What other people also don’t realize is that you have to have a product or service to attach it to the marketplace for it to technically be a trademark,” Pierce said. “We can all say things out of our mouths… but now, where’s the product? Where are the services that we’re attaching it to make it a valid trademark?”
In this case, Bates, who is notorious for attempting to trademark other phrases, doesn’t appear to be offering a product or service despite listing intents to “market, advertise and promote” on his trademark application. On the other hand, Lebron has expressed wanting to invest the trademark into the promoting beauty products, according to NBC 5 Chicago.
“If you’re going to invest your time and money building around this brand, that’s when you want to make sure you have protected the name first,” said Pierce.
So, when Lebron says “it’s handled,” what exactly does that mean? Rosezena weighs in on multiple options and next steps Lebron and her legal team may have taken to address Bates’ trademark application.
“She needs to file the application herself right away,” Pierce said. “The second thing she needs to do is file a letter of protest to Jefferson Bates’ application. Also, send him a cease-and-desist letter and demand that he transfers the application to Jools immediately, or expressly abandon it right away.”
Along with Bates’ application, a woman named Kassandra Pop filed a trademark application for another part of Lebron’s phrase: “Very demure, very cutesy,” Pop says she filed it on behalf of Lebron and has no intention of trying to trademark it herself.
“Some people say she filed it on behalf of Jools to transfer it to her and if that’s the case, that’s great,” said Pierce. “But if [Pop] filed it and put it in her name, file the transfer to [Lebron] right away.”
Now, in the unlikely event that Bates is uncooperative, and the government approves his application, Lebron can take the legal battle even further.
“If the government was to approve the application, even in the event that you filed a letter of protest, you can oppose it,” said Pierce. “When you file a notice of opposition, that is a process that is going to go to what we call the Trademark Trial and Appeal Board.”
As is with most legal battles, developing a case for a trademark opposition not only drains the bank, but can take eighteen months to two years to settle, according to Pierce. In this case, it’s unlikely Bates would want to put so much money and effort into hiring attorneys, attending legal proceedings, gathering evidence and doing research.
For this reason, Pierce says it’s likely the two will reach a settlement, whether that be Bates withdrawing his application or transferring the trademark rights over to Lebron.
Of course, trademarking “very demure, very mindful” is integral to Lebron’s marketing strategy and public persona, but it’s also a life-changing opportunity that means something more. Being a trans woman of Puerto Rican heritage, Lebron represents a lot of people of color, especially women, who often have to fight for ownership of their ideas and creations. For this reason, Pierce’s passion for trademark law runs deep.
“I am doing this work of service because I am truly servicing people who don’t think they can afford legal services or might not even think their business if worthy of this type of service,” Pierce said. “What it does is it grants you ownership of your creation, which also gives you power. It’s so important for people in our type of groups because we come from a lack of power and ownership.”
The N’ Crew is happy to hear that Lebron is receiving the legal assistance she needs to reclaim ownership of her phrase. We love to see this fierce diva flourish through this tough situation. For other aspiring influencers, business entrepreneurs and creatives, Pierce has one more piece of advice.
“Don’t stop. Keep going,” she said. “Be creative in figuring out different ways to overcome challenges. You’re going to have to go through some things to get there, but don’t give up.”
For anyone looking for accessible and quick trademarking tips and info, check out Rosezena’s Instagram @thebizlawyer for more resources!
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