06/12/2026
If a beauty giant names a product after your viral makeup technique, is it trademark infringement?
That's the question at the center of the Patrick Ta and Painted by Esther controversy.
And as our Founder, Attorney Ticora Davis told Forbes — the answer isn't as simple as who did it first.
Trademark rights don't go to the person who coined a phrase alone. They are awarded to the person who attached that phrase to a product or service (or filed an intent to use application) before anyone else.
We've seen this before.
Lil' Wayne gave us "bling bling." A young woman gave us "on fleek." Neither one promptly filed a trademark application. Neither one tied the phrase to a product. And someone else walked away with the proverbial bag.
Painted by Esther popularized a technique.
But popularizing something and owning it legally are two very different things.
So what happens next?
Without evidence of prior commercial use tied to the name, Painted by Esther's path to a trademark claim is narrow. Patrick Ta, having filed, holds the stronger legal position.
This is the part that keeps me up at night as an attorney who works with Black creators.
You can shape culture and still lose the rights to it — if you don't protect it while you're building it.
