Jools Lebron, the TikToker behind the viral “Very Demure, Very Mindful” trend has been on the news lately – and not for the joyful reasons that come creating something the world cannot stop talking about. Lebron, who rose to fame after the trend took over the internet in the past few weeks, posted a now deleted video on the social media platform, explaining that someone else had filed a trademark on their catchphrase first.
“I’ve just invested so much money and time into this,” Lebron said in the TikTok video. “And I feel like I did it wrong. I feel like I didn’t try hard enough. I wanted this to do so much for my family and provide for my transition, and I just feel like I dropped the ball. Like, I feel like I fucked up, and someone else has it now. I don’t even know what I could’ve done better because I didn’t have the resources.”
But what is the story behind the trademark filing and why has Lebron deleted the video? As someone who has practiced law for 18 years and did her thesis on copyright and trademark infringement, I can give some insight into this and offer some hope for Lebron going forward.
TMZ reports that an individual from Washington State named Jefferson Bates applied for the trademark for “Very Demure .. Very Mindful,” clearly hoping for some money from the viral phrase. This is sadly a common practice, with plenty of individuals making a living out of trying to file trademark claims before their rightful owners, with the purpose of reaching a settlement with them. However, just applying for a trademark doesn’t mean Bates will automatically get it.
Instead, the way the legal process for trademarks works, the application has to be reviewed, and granted – which it hasn’t been. Mr. Bates only filed an application, or in other words, he asked for the trademark to be granted. During the process of review, other parties can challenge the application in front of the Trademark Trial and Appeal Board, which determines whether a person has the right to use a trademark. This gives Lebron the opportunity to prove that she came up with the phrase and is the only one who has the right to register the trademark with the federal government.
As for the deleted video. That video being gone is most likely due to advice from her lawyer and not necessarily because it’ll take away from the validity of her claim when she challenges the trademark. But conceivably because of the narrative around the video when she said, “someone else has it now.” They don’t.
Whatever happens with the trademark application – the odds are certainly in Lebron’s favor. The recognition she has gained ever since her videos first went viral has certainly changed her life. She’s got over two million followers on TikTok, has appeared on Jimmy Kimmel Live!, teamed up with Netflix to create a row of “Very Demure, Very Mindful” programs to watch, created videos with Verizon and Southwest Airlines, and earned enough money to help finance her transition. Of course, having the trademark for her “very demure, very mindful” phrase would be helpful, particularly when it comes to merchandising.
Fans have already promised they won’t buy any merchandise unless it comes from her. But hopefully, that won’t even be an issue. All Lebron needs is a good attorney, and to contest the trademark application. That might just be the reason she took down her TikTok video talking about it. Very mindful, very demure will continue to be a trend. And even when it comes to fighting for her rights, Jools Lebron will definitely continue to be that as she reported on TikTok on August 27th that “it’s getting handled.”