Viral Phrases and the Importance of Trademarking

When a phrase goes viral, it can lead to a surge in brand deals and merchandise sales. But what happens when someone else tries to claim ownership of that phrase? For TikTok creator Jools Lebron, this became a harsh reality after her viral phrase "very demure, very mindful" caught the attention of Washington State man Jefferson Bates, who filed to trademark it despite it not being his phrase.

According to legal documents obtained by NBC News and TMZ, Bates did not even name Lebron in the application, leaving Lebron feeling frustrated and worried about her newfound fame. "I’ve just invested so much money and time into this," Lebron said in a TikTok video. "And I feel like I did it wrong. I feel like I didn’t try hard enough. I wanted this to do so much for my family and provide for my transition, and I just feel like I dropped the ball."

However, just hours later, Lebron released another video reassuring her fans that she had everything "handled" on the trademark front. It’s unclear what exactly happened with that specific trademark suit, but Josh Gerben, a Founding Partner at Gerben Perrott PLLC, emphasized the importance of filing trademark applications as early as possible to avoid costly legal battles.

Traditionally, a phrase is considered a group of words that are used together in a fixed expression. Trademarking your phrase can provide several benefits, including protecting your intellectual property, giving you exclusive rights to use the phrase in commerce, and helping you build a brand around the phrase. It also allows you to license the phrase for advertising campaigns, which can lead to potential royalties.

Heidy Vaquerano, a partner at Fox Rothschild in Los Angeles, suggests that influencers consult with an IP attorney to discuss their overall branding strategy. For Lebron, this means not only protecting her viral phrase but also considering registering any other unique branding marks or phrases she uses to maintain her newfound popularity.