Being Very Demure, Very Mindful About Trademark Law
- Built on YES
- Sep 12, 2024
- 2 min read
Guest Blog Post: Wendy Heilbut, Founder of Heilbut LLP
TikTok creator Jools Lebron found herself absolutely crushed after her recent viral “very demure, very mindful” moment. The content creator and beauty influencer, who has over two million followers on the platform, learned that someone else filed a trademark application with the United States Patent and Trademark Office for the very same phrase. Jools has since put together a business team to support her growing fame, but this is yet another reminder about the importance of early and often IP protection, especially for content creators.
This specific trademark issue with Jools not only teaches us the importance of protecting IP, but also the importance of understanding the scope of trademark law. A trademark application is just that—an application. It puts an individual in line to get a trademark registration, but the process can be lengthy, expensive, and riddled with obstacles. Also, trademark laws in the US are based on use, meaning trademark rights come from actually selling, marketing, and promoting goods and services under a trademark. So when a third party filed the “very demure, very mindful” application, Jools could reasonably show that she used the mark before the applicant, putting her in a better position to secure the rights. This is also known as “priority” or “priority use” under trademark law. It helps that TikTok users have tagged Jools in the comments of countless videos—many by celebrities and politicians—featuring the “very demure, very mindful” sound. This not only ensures attribution, and that the creator receives her much-deserved credit, but also points to “consumer recognition” which is a bedrock principle to establishing trademark rights. And boy does she have that recognition!
The path to trademark protection can be complex, but building and protecting IP is worth it since the downstream wins in brand building and monetization are countless. While many content creators focus on their creative output, it is critical that they consider the business, branding, and legal aspects of their work as well.
The article was written for Built-On-YES by Wendy Heilbut, founder of Heilbut LLP. Follow Heilbut on LinkedIn and connect with Wendy on LinkedIn.
Thank you to my fantastic IP Counsel, Heilbut LLP for not only securing the rights to my valuable IP, but to helping draft today’s informative blog. Ping me for a direct introduction to the female-founded Heilbut LLP team if you have IP questions. - Erin Cummings, Founder of Built On YES.