Her ‘very demure’ meme went viral. Now others are after the trademark.

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Washington Post

Leo Sands, The Washington Post

Published Aug 28, 2024  •  5 minute read

This image released by Disney shows TikTok creator Jools Lebron, left, with talk show personality Guillermo Rodriguez on the set of "Jimmy Kimmel Live!" on Monday, Aug. 19, 2024 in Los Angeles. Photo by Randy Holmes /AP

Content creator @joolieannie, who goes by the name Jools Lebron, unwittingly gave birth to the micro-trend of the moment when she posted a video on TikTok this month reclaiming the virtues of being “very demure, very mindful.”

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Lebron may have also inspired at least three other people to submit applications to trademark similar phrases, according to filings with the U.S. Patent and Trademark Office. In a since-deleted TikTok video, Lebron lamented through tears that she hadn’t filed a trademark application of her own sooner.

The brewing copyright spat has forced an interesting question to the fore: Can a person claim ownership of a meme? Here’s what to know.

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What is the ‘demure’ trend?

The wave of “demure” content washing over social media feeds is a satirical take on how people should act at work and in public, suggesting we inject a little more mindfulness – even cuteness – into everyday life.

“Very demure. Very mindful,” Lebron said in her 17-second video, using exaggeration to show how she doesn’t “do too much” when applying her makeup for work. Later videos defined demureness as being “very cutesy.” The original video and its follow-ups stirred thousands of others to apply the approach to a range of everyday tasks – from taking prescribed antidepressants and wearing a seat belt, to withstanding a minor earthquake.

Being demure involves extolling the virtues of modesty while still poking gentle fun at the notion that people should be put together all the time. If singer Charli XCX defined “brat” as being “messy … blunt and a little bit volatile,” demure is the opposite.

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The phrase has been used by celebrities ranging from Jennifer Lopez to Lindsay Lohan. Even the White House hoisted its wagon to the trend train, referencing the meme in a post on X showcasing one of the Biden administration’s signature policy achievements.

What’s going on with the recent trademark saga?

On Aug. 20, a person named Jefferson A. Bates filed an application to trademark the words “Very Demure .. Very Mindful ..” The application says Bates, of Washington state, intends to use the phrase for specific “advertising, marketing and promotional services.”

Three days later, drinking-game company Do or Drink LLC filed an application to trademark the word “demure” in relation to card games and hard seltzer.

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In a video, Lebron cried as she expressed frustration that someone had beaten her to applying for a trademark.

“I wanted this to do so much for my family, provide for my transition, and I just feel like I dropped the ball,” she said in the video, which has since been shared widely online. “Someone else has it now, and I don’t even know what I could have done better because I didn’t have the resources.”

On Sunday, a California resident named Kassandra Pop filed an application to use the phrase “Very Demure Very Cutesy” in “advertising services.” She said in a TikTok video that her intention was to transfer the trademark to Lebron. “She’s the one that made it, so she should be the one to use it,” Pop said.

Neither Bates nor Pop responded to a request for comment from The Washington Post on Tuesday. An attorney for the drinking-game company declined to immediately comment in response to an inquiry Wednesday.

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It’s not clear whether Lebron had any preexisting relationship with Bates, Pop or Do or Drink. She did not respond to a request for comment through a representative.

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Why would someone want to trademark a catchy phrase?

Not only can originating a meme propel you to viral fame, it can also provide a potential source of income when properly trademarked.

Haliey Welch, the Tennessee factory worker better known as “Hawk Tuah Girl,” went viral for her use of the phrase in an interview in June. Through a company, Welch registered trademarks for merchandise and entertainment services and is now selling a clothing line that includes caps with the tagline “Hawk Tuah ’24.”

Welch partnered with a friend for her merchandise line, so her cut of the sales is unclear.

Although Pop expressed a desire to transfer her trademark to Lebron if it’s approved, doing so could be difficult. U.S. intellectual property lawyer Jason Rosenblum said the fact that Pop filed the application for intended use in her own name probably would void the trademark if it were granted and then transferred.

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How easy is it to trademark a phrase?

Trademark applications for viral phrases are common, Rosenblum said. But he said original creators often don’t realize that under U.S. law, a person needs to prove they are using a phrase for commercial purposes to trademark it.

“Just because you say something or DM someone a word or a phrase or sentence, that doesn’t give you any trademark rights in it. You need to use it in connection with selling a product or service,” Rosenblum said.

Applying for or renewing a trademark can also cost hundreds of dollars, plus other possible fees.

The biggest issue the trademark office will consider when evaluating an application is whether any existing trademarks are too similar, meaning that there could be confusion. The office will also weigh whether the phrase is too generic and in common use. Rosenblum said filing an opposition to the claim could extend the already lengthy process by up to two years.

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Creators should consider that timeline, especially given how short-lived memes can be, Rosenblum said. “Some will last longer, some won’t. It’s on the creator to think ‘okay – this caught on, what do I want to do with it. I have to be quick and file an application for that,'” he said.

Rosenblum said Bates’s trademark application was filed based on “intent to use,” meaning he is not claiming to be currently using the trademark in U.S. commerce but intends to do so. The application locks in the day it was filed, Rosenblum said, so Lebron would have to prove she was using the phrase for the same commercial purposes before that date.

Any person attempting to trademark the phrase, Rosenblum said, would also need to consider existing trademarks already granted around the word “demure” for selling clothing and makeup.

“I always tell clients: Having a trademark or patent isn’t going to guarantee you any money,” Rosenblum said. “You need to do something to add value to that asset.”

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