The creator of TikTok’s “modest” catchphrase has become more aware of US trademark law.
Jools Lebron, an influencer with more than 2 million followers on the app, became an overnight sensation after advising on how to be “modest,” “conscious,” and “cheesy” at work and in life. The trend gained traction, with brands like Verizon and Netflix working with Lebron on sponsored content, and celebrities like Jennifer Lopez, Olivia Rodrigo, and Gillian Anderson using the phrase in their own videos.
Last week, Lebron, who is trans, announced that the The buzz around his videos had changed his life and he said he can now finance your transition due to his internet fame.
But it’s not all good news: Lebron posted (and then deleted) a tearful TikTok revealing that he “didn’t trademark his trademark fast enough.” According to TMZ, a man from Washington state named Jefferson Bates Filed as a trademark “Very demure… Very conscious…” in an apparent attempt to cash in on LeBron’s success.
“I wanted to do so much for my family and ease my transition, and I feel like I made a mistake,” LeBron said in the video. (Neither LeBron nor Bates responded to a request for comment.)
Raluca Pop, who founded the social media platform Hive Social as an alternative to Elon Musk’s X, also came forward and said she filed a petition to “Very Demure Very Cutesy” in California, as a form of solidarity with Lebron.
“Once I saw this other guy try to steal it, I realized he didn’t trademark the rest of his phrase, ‘so cheesy,'” Pop said. NBC News“And that’s why I went and did it,” Pop added, adding that he planned to transfer the trademark to Lebron because “she should be the one to benefit.”
If Bates’ application is approved, LeBron won’t be able to use his slogan on official merchandise or sponsored content in Washington. That is, unless he obtains a federal trademark. And trademark attorneys are confident LeBron can fight Bates’ claim that she is “very demure… very thoughtful…” and secure his own rights.
“If I were her, I wouldn’t be worried,” said Alli Elmunzer, an attorney and founder of Influencer Legal, a law firm that helps content creators navigate trademark and contract issues. “It’s very clear that she was the first to use it — she should start monetizing it, because that just gives strength to her argument of being the first.”
According to Elmunzer, Bates filed a $1 billion trademark application, declaring her intent to use a trademark. “She says she plans to use it, but she hasn’t done so yet,” Elmunzer said. “This gives him an advantage because when she objects, he can say he’s not using it and she is, and she has all this evidence.”
Furthermore, US trademark law recognises the first person to use a mark, not the first person to register it. “I have no doubt that Lebron will be able to successfully challenge this, and there is a path for her to obtain the trademark, but it will cost her time and money to do so.”
Kyona McGhee, an attorney and founder of the law firm Trademark My Stuff, said that if she were Lebron’s attorney, she would immediately send a cease and desist letter to Bates, demanding that he withdraw his application and reclaim all rights to the phrase, as well as naming the ways Lebron plans to monetize the trademark.
“He has to file an application with the U.S. Patent and Trademark Office to get a federal trademark, because it will have authority nationwide,” McGhee added. “Once Lebron has the federal registration, he won’t need anything or anyone at the state level.”
Bates, who lives in Washington, does not appear to have any connection to Lebron, who lives in Chicago, or the slogan. Both attorneys say that if the cease-and-desist order does not deter him, the two sides could find themselves embroiled in a tedious legal battle. In the meantime, Lebron should be able to monetize the slogan however he wants.
“I don’t think the fact that it doesn’t have a trademark yet means that brands will refrain from wanting to strike while the iron is hot and use its phrase,” McGhee said.
Lebron, who is Puerto Rican, is making the most of his newfound fame, destination “Demure” sponsored content with hair care brand K18, joke a possible collaboration with Netflix, and appearing on Jimmy Kimmel’s show with RuPaul as guest host.
But their copyright issues highlight a common problem for content creators who go viral and see others profit off of their original work. In 2021, Black TikTok creators went on strike to protest the lack of credit for their dances, saying white creators often received more attention and better treatment on the app.
“There is an information gap in the minority community,” McGhee said. “There is no lack of talent, but there is a lack of information, and people who have better resources and deeper pockets are more aware of how to capitalize on trends. At my firm, I tell my clients: As soon as you see your work go viral, you need to work fast and file a trademark application immediately. It is much better to play offense than defense in the legal world.”