Very Demure, Very Mindful – More Jump on the Bandwagon

October 24, 2024 Mandi Phillips

The Public Dispute Over the Trademark “Very Demure, Very Mindful, Very Cutesy”

Unless you’ve been completely out of the loop, you’ve likely heard of the very public dispute over the trademark “Very Demure, Very Mindful, Very Cutesy.” In early August of this year, TikTok contributor and influencer Jools Lebron became an overnight sensation, gaining more than 200 million followers after advising how to be “very demure, very mindful, very cutesy” in appearance and presentation, particularly in the workplace. The phrase took off, with celebrities like Jennifer Lopez, Olivia Rodrigo, Khloe Kardashian, and Gillian Anderson all jumping in with their own “very demure, very mindful” videos on TikTok. Lebron even garnered appearances on CBS Mornings and Jimmy Kimmel Live!

Trademark Trouble for Jools Lebron

Unfortunately, Lebron had not filed for trademark registration before going live and was suddenly faced with multiple parties attempting to register some variation of the “Very Demure, Very Mindful, Very Cutesy” tagline made instantly popular by Lebron. Within days of Lebron’s post going viral, individuals Jefferson Bates and Kassandra Pop had filed separate applications for “Very Demure .. Very Mindful ..” (filed by Bates on August 20, 2024) and “Very Demure, Very Cutesy” (filed by Pop on August 24, 2024). After a tearful Lebron disclosed the prior-filed applications, the court of public opinion very quickly turned on both Bates and Pop and Lebron lawyered up. By August 28, 2024, Lebron reported to her fans “We got it handled.” And, in fact, Lebron’s attorneys filed two applications for “Very Demure Very Mindful” on August 29, 2024 (Application Serial Nos. 98725244 and 98723690) for use in connection with advertising and marketing in the fields of fashion and cosmetics.

Yet, even in the midst of these developments, third parties continued filing applications to register some version of Lebron’s tagline:

August 27, 2024 – an individual, Almondia White, filed Application Serial No. 98718715 for “Always Demure and Very Mindful” for use in Class 25 on apparel;
September 5, 2024 – an individual named Jose Ramon filed two applications: one for “Very Demure” plus a design element (U.S. Application Serial No. 98735354) and “Very Cutesy, Very Demure” (U.S. Application Serial No. 98725286) both for use in connection with Class 3 cosmetics.

Rights Based on Use, Not Registration

While it is true that the earliest party to file for trademark registration may have a slight edge against subsequent filers depending on the facts surrounding the situation, trademark rights actually arise out of use in commerce, not registration. So, the filing of an application for registration does not guarantee one will register that mark.

Interestingly, all of the pending applications (Lebron’s included) were filed as “intent to use” applications, meaning the applicant does not yet have use of the phrase on the goods and services listed in the application. Regardless, the public nature of this particular dispute may spell trouble for all but Lebron (who filed under her legal name Julian Rosa). In fact, that this controversy has played out online may prove very helpful to Lebron in demonstrating her original use of the mark. Unfortunately, this is not an uncommon occurrence in the trademark arena; multiple parties often rush to file applications for the same mark. This is why it can be beneficial to consult with counsel and, in many cases, get an application on file before the use goes live in order to minimize the risk of third parties piggybacking the popularity of the original use.

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