Very Demure Trademark Dispute *Attorney Advertising*

How do you protect a phrase, or slogan, or catchphrase that you came up with that is now trending in social media? Well, it's actually a lot harder to do that than people think. And that's just because the requirements of a trademark, which is how you would protect that. A copyright does not protect a slogan or a word, and nor does a patent. Only a trademark can do that. And what a trademark protects, is your use of that slogan, that word, that catchphrase in connection with a specific product or service. So something that when I'm speaking to, you know, content creators about protecting catchphrases, is how, how are you using this in connection with a product or service that you're selling? That's how you can get protection for it. And when you follow a trademark, you need to say what that is so the big case that's recently been going on is the Jules Lebron case with Very Demure, Very Mindful. And I was actually interviewed in the Washington Post, as you can see here, lawyer Jason Rosenblum, about this case. And what happened was Jules Lebron said the word Very Demure, Very Mindful on a TikTok video. It went viral. She's been on Jimmy Kimmel and a lot of other shows as well as many celebrities are then playing off. Off of that, but she did not file a trademark and someone went ahead and filed one before her. As you can see here, Very Mindful, Very Demure. So this is what we call an ITU application. What means intent to use. So intent in the U.S. in order to obtain a trademark, you have to use it in connection with the product or service you file for. So you can file. Right, or can file at any time an intent to use application and that kind of locks in the day that you filed it. So this 8-20-2024 when this person filed it, that's kind of their priority date. So long as at some point later down the road, they actually show the USPTO how they're using it in connection with these services that they filed for here, which are advertising and promotional services related to all industries for the purpose of facilitating networking and social opportunities for business purposes. Whatever that means. I'm sure the USPTO is going to reject that because they're going to need something a little more definite there, but. This does not mean that. Jules is blocked from filing an application. She could file for other things. And supposedly, this Cassandra Pop filed in order to protect Jules' rights. as I noted to, in the article, because this is an intent-to-use application, until this Cassandra Pop actually uses this trademark in connection with advertising services herself, she can't sell it or pass it on to Jules LeBron because it's an intent-to-use application. So whoever files it is the one that has to have the intent to use it. Otherwise, it's considered void ab initio, which basically means that as soon as you go to assert it against anybody, you. One, they're just going to be able to get it voided by the courts because it should never have been allowed in the first place since the person did not have the requisite intent. And that's just a technicality. But something more important here is that, as you can see, there are other people that have filed and own registrations for the word demure. Now, it's not the exact same thing. It's not the same thing as very demure, very mindful. But from a trademark perspective, if someone filed for very demure, very mindful, probably for women's clothing, this trademark here for demure would most likely block it. Similarly, this registration here for cosmetics would also most likely block it if they filed for cosmetics. So, I don't know, you know, based on what I know of the case, the things that would make the most sense for Jules Lebrun to file for would probably be, probably be clothing and probably for cosmetics. And she might be blocked by those because of two companies that have been using it, you know, at least 10 years before she ever said the word very demure, very mindful. So, that's how trademarks works. just because you think you made up a word doesn't necessarily mean that you're going to be able to protect it if someone else already had a trademark for that or for something similar because it does not, need to be exact. The whole standard is likely to confusion. Would consumers be confused between your product and services? So, would consumers be confused between a demure brand and a very demure, very mindful brand? Possibly. that's what would need to be looked in. And that also, you know, as you can see, the article that I was interviewed for then also got cited in this Wired magazine talking about the part that I mentioned before. About the intent to use application not being able to be transferred. So, what could you do if you come up with a slogan, a catchphrase, a word that you like? Number one, you should right away file an intent to use application for it, but you need to know what you're going to use it on. And if you don't use it on that, you won't ever be able to perfect that application. So, think about what is it that you want to do with it and then file for that. And if someone— If someone does go ahead and file, then, you know, look at what they filed for and figure out what are you going to use it for that you can get around that application. So, keep on creating, keep coming up with catchphrases, but just, you know, be mindful of how you can protect it. And that's by trademarks. that's by having a plan on what you're going to use it with so that you can file an intent to use or potentially a use-based application if you actually are using it in connection with your product or service. And make sure to be the first to file for that. And then use it and hopefully make some money off it. Jason Rosenblum here. Thanks for watching and feel free to reach out if you have any questions.