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Author of “very demure, very mindful” catchphrase seeks federal trademark

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Explaining the “demure” trend


Explaining the “demure” trend

05:10

“Very demure, very mindful” has become the latest vocabulary defining the internet’s summer. And TikTok content creator Jools Lebron is working to trademark uses of her now-viral words.

Lebron filed to trademark “very demure very mindful” for various entertainment and advertising services, including the promotion of beauty products, last week with the U.S. Patent and Trademark Office. Two filings dated Thursday are under her legal name, a representative for Lebron confirmed to The Associated Press.

Social media’s love for “very demure” content started in early August, when Lebron took to TikTok to describe the hair and makeup she was wearing to work. Her delivery took off and she kept going, with “mindful” and “cutesy” flooding the internet as scores of fans, including big name celebrities, shared their own playful takes to describe just about any detail of day-to-day life.

Content creators can make meaningful income after gaining social media fame through avenues like direct brand sponsorships and viewer donations. And for Lebron, who is a transgender woman, her viral moment allowed her to finance the rest of her transition.


How Jools Lebron made “demure” the latest TikTok trend

03:08

Trademarks, on the other hand, can help secure rights to maintain certain business down the road. Lebron’s own trademark filings are still pending, and it could be a while before there’s a final determination. But the move is particularly notable after several other individuals with no known connection to Lebron separately tried to register demure-related trademarks in an apparent effort to capitalize on the success of those phrases, much to the dismay of Lebron’s fans.

The saga, while unfinished, has spotlighted the complex process of filing trademarks that capture a viral moment — and the battle that social media content creators face to both get credit and find protections to monetize off the trends they popularize.

Here’s what you should know.

Yes. But in the U.S., there needs to be an attached commercial use.

“It’s not just coming up with a phrase … (or) using it on social media and making it go viral,” said Alexandra J. Roberts, a professor of law and media at Northeastern University, explaining that there must be a connection to the sale of concrete goods or services. She calls trademarks a “source indicator,” as they help consumers understand who is producing what they’re buying now, but not necessarily who came up with a name in the first place.

The law is complicated, and trademarks are often determined on a case-by-case basis. Applications are specific to certain uses, allowing multiple brands to operate under similar names — like Dove chocolate and Dove soap, or Delta Faucet and Delta Airlines. Courts greenlight this when it’s assumed that consumers will easily be able to distinguish between such different products or services.

But a phrase or name that’s strongly associated with a particular individual can sometimes supersede that.

“Simplistically, the entire reason the trademark exists is to prevent consumer confusion,” said Casey Fiesler, an associate professor of information science at the University of Colorado Boulder. “And if (someone else) created a social media marketing service and called it ‘very demure, very mindful social media marketing,’ that would confuse consumers because they’re gonna think it’s associated with (Jools Lebron).”

Trademarks should not be mixed up with copyright. Anyone who has ever made a unique TikTok, for example, owns the copyright to that video, Fiesler explains. But there are still limitations to what’s copyrightable, and short phrases themselves almost never apply.

In today’s ever-digitized world of online trends, creators are increasingly expressing concerns about getting credited for their work. And for something like trademark rights, experts stress it’s a battle of both getting there first and having resources to see it through.

It’s not uncommon to see a handful of trademark applications bubble up in the midst of a viral moment. Earlier this year, for example, a handful of trademark applications were filed after Hailey Welch, also now known as “Hawk Tuah Girl,” became famous for using the phrase in a street interview.

Still, some phrases have been determined to be used too pervasively, making it harder for consumers to recognize it as a brand indicator. It can also be difficult when credit isn’t given to the creator who starts a trend in the first place — and experts note the consequences of that haven’t been felt equally in the past.

Historically, young women of color who start a viral trend or put a new phrase on the map have often seen their work get appropriated online — and potentially “get scooped” on trademark rights from someone with more resources, like connections to a lawyer, Roberts explained.

“There are a lot of stories of members of minoritized groups, and particularly women, coming up with new slang … and then seeing that get co-opted by somebody else — often a white guy, but not always … (who) gets out there as the first to register and really make money off it,” Roberts said.

Beyond trademark-specific disputes, Fiesler added that creators seeing their work stolen and reposted in other platforms for monetization continues to be a “huge problem” today, but she hopes the tide is starting to turn. That includes with Lebron, who has been so widely-credited for the “very demure” trend.

“I hope to continue to see there being very strong social norms that are enforcing this,” Fiesler said.

Three applications that were submitted before Lebron’s Thursday filings are still listed as live in the USPTO’s records — which would essentially make her “fourth in line” in consideration, Roberts said.

But it’s possible that others might later suspend their filings. And one of the applicants told NBC said that she filed in efforts to help Lebron hold on to trademark until she could transfer it.

Lebron’s legal team could potentially fight off rival filings or strengthen her own by negotiating with other applicants and updating her filing to reduce any overlap. She could also oppose a rival application down the road on the grounds of false association.

The trademark process could outlast the trend itself, taking anywhere between six to nine months, and sometimes closer to a year. And that can drag out even further with a legal battle or requested extensions.

Still, Roberts stresses that Lebron can currently “do whatever she wants in terms of use” and start selling merchandise.

There’s also nothing stopping someone from putting “very demure, very mindful” on the front of a t-shirt — as that technically qualifies as ornamental use, not trademark.

But getting those words as a brand, seen on something like an attached clothing tag, is when trademark rights would kick in.





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Here Comes the Sun: Jack Antonoff and more

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Here Comes the Sun: Jack Antonoff and more – CBS News


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Record producer and singer Jack Antonoff sits down with Tracy Smith to discuss his band Bleachers, working with Taylor Swift, and producing the music for Broadway’s “Romeo and Juliet.” Then, Luke Burbank learns about the Aluminaire House, which can now be viewed at the Palm Springs Art Museum. “Here Comes the Sun” is a closer look at some of the people, places and things we bring you every week on “CBS Sunday Morning.”

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Capturing Moriah Wilson’s Killer – CBS News

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A promising young athlete is murdered. Her suspected killer disappears and an international manhunt by U.S. Marshals begins. “48 Hours” contributor Jonathan Vigliotti reports.

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How to watch the Minnesota Vikings vs. Chicago Bears NFL game today: Livestream options, more

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Minnesota Vikings v Tennessee Titans
Sam Darnold #14 of the Minnesota Vikings scrambles in the second quarter of a game against the Tennessee Titans at Nissan Stadium on November 17, 2024 in Nashville, Tennessee.

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The Minnesota Vikings will take on the Chicago Bears today. The Vikings are currently 8-2, an impressive run so far this season, and will be looking to add a fourth win to their current streak after last Sunday’s 23-13 win against the Tennessee Titans. The Bears, on the other hand, are entering this game on the heels of a four-game losing streak after a tough 20-19 loss against the Green Bay Packers last Sunday. 

Here’s how and when you can watch the Vikings vs. Bears game today, whether or not you have cable.


How and when to watch the Minnesota Vikings vs. Chicago Bears

The Vikings vs. Bears game will be played on Sunday, November 24, 2024 at 1:00 p.m. ET (11:00 a.m. PT). The game will air on Fox and stream on Fubo and the platforms featured below.


How and when to watch the Minnesota Vikings vs. Chicago Bears game without cable

You can watch this week’s NFL game on Fox via several streaming services. All you need is an internet connection and one of the top options outlined below.

Fubo offers you an easy, user-friendly way to watch NFL games on CBS, Fox, NBC, ABC, ESPN, and NFL Network, plus NCAA football channels. The Pro tier includes 200+ channels and unlimited DVR, while the Elite with Sports Plus tier adds NFL RedZone and 4K resolution. New subscribers get a seven-day free trial and all plans allow streaming on up to 10 screens simultaneously.


You can watch today’s game with a subscription to Sling’s Orange + Blue tier, which includes ESPN, ABC, NBC, and Fox. The plan offers 46 channels with local NFL games, nationally broadcast games and 50 hours of DVR storage. For complete NFL coverage, add Paramount+ to get CBS games, or upgrade with the Sports Extra add-on for additional sports channels like Golf Channel, NBA TV and NFL RedZone.


Watching NFL games, including Fox broadcasts, is simple with Hulu + Live TV, which includes 90 channels, unlimited DVR storage, and access to NFL preseason games, live regular season games and studio shows. The service includes ESPN+ and Disney+ in the subscription.


Want to watch today’s game live on your smartphone? If so, NFL+ streaming service is the solution you’re looking for. It lets you watch NFL Network and out-of-market games on mobile devices, with an upgrade option to NFL+ Premium that includes NFL RedZone for watching up to eight games simultaneously. Note that NFL+ only works on phones and tablets, not TVs.



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