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From the second the message popped up on X, it had a familiar ring. Jools Lebron, the TikTok creator who went viral just a few weeks ago for a post discussing “very demure, very mindful” work looks, was upset that, seemingly, someone had attempted to trademark her viral phrase.
In a since-deleted video, Lebron lamented through tears that her future ability to sell demure-branded merchandise seemed in jeopardy. “I wanted this to do so much for my family, provide for my transition, and I just feel like I dropped the ball,” Lebron said, adding that “someone else has it now, and I don’t even know what I could have done better, because I didn’t have the resources.”
Lebron’s situation is echoed in the story of fellow Chicagoan Peaches Monroee. Back in the summer of 2014, the then-teenager posted a video on TikTok precursor Vine describing her eyebrows as “on fleek.” Her catchphrase caught on everywhere, from Nicki Minaj lyrics to Kim Kardashian posts. #Brands like Taco Bell hopped on the trend; Forever 21 made crop tops. Monroee, aka Kayla Lewis, reaped no rewards. Three years after the trend went viral, she launched a GoFundMe and raised just shy of $17,000, according to the campaign’s page.
Like “on fleek,” “demure” has attracted scores of admirers. Jennifer Lopez. The White House. Kim Kardashian (again). Earthquake survivors. The original video has nearly 50 million views, and Lebron’s follower count is now above 2 million. She appeared on Jimmy Kimmel Live! while RuPaul was serving as guest host. But her ability to seize her moment of internet fame may not meet exactly the same fate as Lewis’. Despite the fact that a Washington resident named Jefferson A. Bates and the company Do or Drink both filed “demure” applications with the US Patent and Trademark office, Lebron posted a TikTok on Tuesday saying that it’s been “handled.” “Mama got a team now!” she exclaimed, smiling.
Exactly how it got handled is unclear—Bates didn’t respond to an email seeking comment, and representatives for Lebron and Do or Drink didn’t reply, either. Still, the tug-of-war marks something of a shift in how the internet understands the value of trends. Almost as soon as word of the “demure” trademarks surfaced, social media sprung into action decrying the fact that anyone other than Lebron would try to claim the phrase.
One lawyer on TikTok, who uses the handle @bellewoods, did a breakdown explaining that “Jools is going to be just fine” because of the intricacies of how the trademark system in the US works. Another TikTokker claimed to have filed her own trademark application with the intention of transferring ownership to Lebron. (Though, as a Washington Post story this week pointed out, transferring a trademark may not be so easy.) In the comments section of the “handled” TikTok, brands ranging from Ritz Crackers to Zillow weighed in with emoji-strewn affirmations.
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All of this underscores that, unlike 10 or 15 years ago, there is now a greater understanding that “content creation is labor,” says Kate Miltner, a lecturer in data, AI, and society at the University of Sheffield’s Information School. “It is time-consuming and often poorly remunerated labor for the most part,” but far more people make entire careers out of being content creators than a decade ago, Miltner adds, “and it feels like an ethics of plagiarism, in addition to trademark/copyright, have come into play.”
Simply put, people get this shit now. A decade after “on fleek,” creators are much smarter when it comes to ownership of their creations. “A series of conversations and discourses about cultural appropriation and where a lot of contemporary (online) language comes from (Black communities, queer communities) have happened since Peaches Monroee,” Miltner says. Lebron may have felt like she dropped the ball because of a lack of resources, but the resources she did have were other creators who knew how to call out what had happened. She also had companies like Netflix, which—perhaps anticipating blowback for just hopping on a viral trend—just asked that Lebron curate a “Very Demure, Very Mindful” list.
Will this happen every time? No. Memes built from everyday language will always be hard to trademark—Miltner cites Fox Media’s unsuccessful attempt to trademark “OK Boomer” as an example. But now that even Hawk Tuah Girl has merch, the possibilities of getting credit for your meme, or even cash, don’t seem as unlikely as they did before. Might your meme get ingested and reinterpreted by an artificial intelligence bot? Yes. Will that bot be able to make a T-shirt? Er, well, that might happen, too. Creators, especially minority creators, will always have to fight to keep control of their works once they’ve been unleashed onto the world. Now, though, they have a few more coaches in their corner.
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