Being very mindful has a new additional meaning, and while the details aren’t “very cutesy,” they are exceedingly important.

Chicago-based trans woman Jools Lebron, or @joolieannie, is behind TikTok’s meme of the year, which is facing a legal conundrum over her viral catchphrase, “very demure, very mindful.” However, her viral catchphrase now faces a legal conundrum.

On Aug. 5, Lebron posted a TikTok video waxing poetic about how admirable it is that she keeps herself “very demure” and “very mindful” when wearing makeup. The video, featuring Lebron in a bleached-blonde human-hair wig, dramatic winged eyeliner, and false eyelashes, has amassed nearly 50 million views.

“A lot of you girls go to the interview looking like Marge Simpson and go to the job looking like Patty and Selma,” she cheekily said in the video, spelling it out for the viewer in case her point wasn’t clear: “Not demure.”

Yet, out of 50 million witnesses, it took only one person to stop Lebron in her tracks. After two weeks of corporations using her TikTok sound and late-night talk show appearances—a momentum that has not seemed to stop, given her ongoing brand deals—Jefferson A. Bates, based in Washington filed on Aug. 20 to trademark “very demure… very mindful,” according to the U.S. Patent and Trademark Office (USPTO) database.

Just days prior, Lebron had shared that her catchphrase’s success had brought in enough revenue to take care of her loved ones and fund her transition. But Bates’ filing to trademark Lebron’s saying stumped her, and she wasn’t afraid to bring it up publicly, even through her cries.

“I feel like I f*cked up and like someone else has it now,” she said in a now-deleted TikTok, lamenting over her plans on what the revenue of a merchandise line could have done for her and her family. “And I don’t even know what I could have done better because I didn’t have the resources.”

Lebron has since optimistically clarified on Tuesday that she now has a team working to resolve the issue. While trademark attorneys on TikTok suggest Lebron has the upper hand, the the situation raises complex questions of intersectionality and intellectual property rights.

Very considerate, very intersectional

At the heart of this battle over intellectual property lies a complex web of intersectionality. Lebron is a Puerto Rican and Black, plus sized, working-class trans woman. The legal hassle over trademarking “very demure, very mindful,” found Lebron pitted against a mysterious man, raising questions not just of ownership, but of race, gender and power dynamics.

While information on Bates is limited to the public, it’s worth noting that Lebron’s success is an outlier to what many of her community experiences, especially in the workplace.

A 2020 study by Woods Ervin and Joss Greene, titled “Trans Women and Femmes of Color at Work,” found that stable, higher-paying jobs for trans women and femmes of color are largely in advocacy and social services. Many experience workplace exhaustion and trauma.

In a 2022 BuzzFeed essay by a Lola Masinton-Bonner, a Black trans woman, Masinton-Bonner recounts workplaces being hostile towards her. “I have been laughed at and scoffed at on the job simply for expecting people to recognize me as my true self,” she wrote, recalling a previous job. “It’s brutal and mentally exhausting.”

Even in the immediate aftermath of Bates’ filing, Lebron’s lack of access to resources amidst her success mirrors the broader challenges Black and Latina trans women face in accessing and flourishing in jobs.

For Lebron, trademarking her viral catchphrase represented not just recognition, but a crucial pathway to financial stability and long-term success.

The cost of being demure goes beyond money

The financial stakes for Lebron are daunting. Being barred from merchandising her own catchphrase threatens the economic windfall that her virality could have provided.

According to a recent report from the Human Rights Campaign and the Bureau of Labor Statistics, significant wage disparities exist for LGBTQ workers. Black LGBTQ women make 85 cents per a typical worker’s dollar, Latine LGBTQ women make 72 cents per dollar and trans women overall make just 60 cents per dollar.

Lebron’s virality has placed her in the platform’s top 1% for growth, describing her original video as “a masterclass in self-aware humor,” according to a report from Campaign US. Her ironic brand of politeness has attracted high-profile partnerships with companies like Verizon, Lyft, and Netflix.

Legal experts, including the Imani sisters, Camellia and Carmel, of Imani Law, LLC, suggest Lebron has a strong case. They note that Bates filed under Section 1B of the USPTO, indicating intent to monetize rather than use the trademark. Lebron’s extensive use of the phrase this month alone strengthens her position.

In Lebron’s favor, her extensive use of the catchphrase this month outweighs even major brands’ usage, let alone someone who hasn’t used it at all. But it’s not lost on the Imanis how valuable it would be for Lebron to have it officially registered in her name.

“When you have the registered trademark, you can license it to other people who want to use your brand name,” Carmel said, using sellers on Etsy getting permission from Disney to use their logos in their products as an example. “That’s another revenue stream that you as a brand owner can have by licensing. It’s kind of like real estate in that you own it and can license it out for other people to use it.”

Beyond financial means, the Imanis highlight the cultural cost of Lebron dealing with this barrier.

“When their work gets stolen, it hits harder because they’re not only losing potential income, which could be incredibly beneficial especially for marginalized communities, but also it hits harder because they’re not getting the recognition they deserve,” Camellia said.

Rallying support: A new wave of advocacy?

In a rare and powerful show of solidarity, people have been rallying behind Lebron, potentially turning this viral conundrum into a broader movement for justice and recognition. It may signal a shift in how marginalized creators are supported and protected.

Jae Gurley, a New York City-based Black trans woman, artist, and content creator, celebrates Lebron’s success as a win for all trans women of color. She harkens to the idea of trans women of color being pioneers of modern culture and lingo though oftentimes not properly credited.

Gurley, who came out publicly as a trans woman at the end of last year tells Reckon that the past four years of content creation have been fulfilling, though not without the internet’s hostility. For her, seeing Lebron’s catchphrase be widely celebrated by celebrities and brands is a win for all trans women of color.

“When trans women of color get their moment in the sun, the spotlight is put on them, but they don’t have the resources and or support system to capitalize and back them up,” Gurley said.

Gurley wants to see more changes in protections be implemented to ensure that Black and brown trans women can fully benefit from their cultural impact without exploitation or being sidelined.

For her, the solution is very mindful, very considerate.

“It’s on the job of all of us to be culturally conscious and listen to trans women of color.”

Note: Reckon reached out to Jools Lebron and Jefferson A. Bates for a comment, both of whom did not respond in time for publication.