In today’s world, the digital landscape evolves swiftly, giving rise to viral sensations that capture public attention. Among the latest trends is the phrase “very demure, very mindful,” popularized by Chicago-based content creator Jools Lebron through a TikTok video. This simple yet impactful expression, intended to describe her professional demeanor, amassed 49 million views and sparked widespread usage across social media platforms and even drew mention from political leaders. However, this meteoric rise in popularity also raised complex questions about ownership and trademarking of viral content.
As the phrase gained momentum, it caught the eye of at least two individuals seeking to trademark various iterations of “very demure, very mindful.” Notably absent from these filings was Lebron herself, who later expressed regret over not securing the trademark first. Legal expert Susan Scafidi pointed out that if the trademarks were approved, they could restrict Lebron’s use of the phrase and even affect brands that adopted it in their marketing campaigns.
The situation brings to light an essential aspect of the digital age: the commodification of cultural moments. TikTok trends have become a currency in the marketing world, influencing product launches and marketing language. As creators and brands rush to monetize these trends, a pivotal question resurfaces: Who truly profits from this viral internet content?
The swift pace of cultural trends, particularly on platforms like TikTok, often means the original creators may not be the primary beneficiaries. In 2021, Black TikTok creators staged a movement against the appropriation of their work by White creators, highlighting the disparities in recognition and financial gain. This landscape has encouraged content creators like Lebron to consider protective measures against potential misuse of their work.
Trademark law in the United States operates on a “first use” basis rather than a “first to file” standard. Therefore, to successfully claim ownership over “very demure, very mindful,” Lebron would need to demonstrate that she utilized the phrase in association with her content before the trademark applications were filed. According to attorney Alli Elmunzer, if she can affirm her connection to the phrase and its brand identity, she stands a good chance of having the trademarks blocked.
Protecting one’s intellectual property swiftly can be crucial. Experts advise creators to consider applying for trademarks as soon as their content becomes popular. This proactive approach not only secures potential financial benefits but can significantly bolster their arguments in future legal disputes. In the instance involving Lebron, the fact that the other candidate filed an “intent to use” trademark could work to her advantage if she creates merchandise or leverages the phrase commercially.
While creators navigate the complexities of ownership, brands must also consider how they engage with trending phrases, especially following trademark registrations. If a trademark is granted, it poses substantial barriers for brands looking to capitalize on viral trends without negotiating licensing agreements with the original creators. These negotiations can lead to delays that brands may find disadvantageous, as the trend might already be losing momentum.
Moreover, the timeline for securing a trademark in the U.S. can span over a year—a significant lag in an environment where trends can gain and dissipate within weeks. Therefore, brands must weigh their marketing strategies carefully, assessing which trends are worth the time and resources involved in navigating potential trademark restrictions.
In conclusion, the dialogue surrounding who gets to own a viral meme highlights the intricate relationship between digital content creation, cultural significance, and legal frameworks. As trends proliferate with unprecedented speed, content creators must remain alert and prepared to defend their creative expressions, while brands need to be judicious in their approach to marketing within this rapidly shifting terrain. The case of “very demure, very mindful” serves as a reminder of the challenges and opportunities presented in a social media-driven world where every phrase can catapult to viral stardom.
