Can a Trademark Really Take Away a Drag Performer’s Name? The Lexi Love Case Explained

Stage names are more than branding—they’re lifelines for artists and performers. But what happens when trademark law collides with identity? The recent dispute involving Season 17 RuPaul’s Drag Race finalist Lexi Love highlights just how high the stakes can be. In this case, performer Clair Barnes, known worldwide as Lexi Love, suddenly found her career disrupted by a trademark conflict with Selena Scola, a former adult entertainer who had previously registered the “Lexi Love” name. After letting her registration lapse in 2015, Scola revived it in 2025, just as Barnes was gaining national fame. What followed included cease-and-desist letters, lost bookings, takedowns on major platforms, and a storm of public debate about how intellectual property law can be weaponized against marginalized communities. The case pits a performer’s long-standing common law trademark rights against a competitor’s federal registration, a classic intellectual property showdown. As an attorney who practices lifestyle law for adult entertainers and creatives, I’ll break down the legal issues and explain what this means for performers navigating similar challenges.

The Trademark Dispute at the Heart of the Case

Clair Barnes has performed as Lexi Love since 2009. But in early 2025, she received cease-and-desist letters from Selena Scola, who first registered the “Lexi Love” trademark in 2004. Although the registration lapsed in 2015, Scola filed a new application in February 2024, which was approved in January 2025.

That registration covered “talent agency and management services” for both human and digital performers. With Barnes fresh off her national spotlight on RuPaul’s Drag Race, the legal timing could not have been more consequential.

The Real-World Consequences for Lexi Love

Trademark disputes are not just paperwork—they can reshape an artist’s livelihood overnight. Once Scola’s letters went out, three venues canceled Barnes’ bookings. Streaming platforms like Spotify and Cameo removed her content. Even Facebook pulled down her pages tied to the name. Her finale single “Classic” disappeared from digital stores.

For Barnes, the loss was not abstract—it meant income, audience connection, and brand recognition suddenly evaporated.

Identity, Harassment, and the Public Backlash

The legal fight spilled into a cultural one after Scola made public statements distancing herself from Barnes’ lived experiences, including being transgender, HIV-positive, formerly unhoused, and a recovering addict. Many condemned these comments as transphobic and stigmatizing.

The LGBTQ+ community, fellow performers, and fans rallied behind Barnes. To them, the trademark dispute was not just about name rights but about erasing a performer’s voice and identity at the height of her career.

Performer Resilience and the Bigger Picture

Barnes has not stepped away from the fight. She’s even floated the idea of a community contest to help her rebrand if necessary, showing resilience in the face of legal obstacles.

But the case has sparked a larger conversation: When does trademark protection become a tool to silence, rather than safeguard, creative work? For marginalized performers, the line between business law and personal identity is razor-thin.

What Performers Can Learn from the Lexi Love Dispute

For adult performers, drag artists, and creatives, this case is a reminder that intellectual property law is not optional—it’s essential. Registering a stage name as a trademark early can prevent disputes down the line. Even if a prior registration lapses, re-filings are possible, meaning performers should monitor the USPTO database for conflicts. And most importantly, names are not just marketing—they’re tied to your income streams, contracts, and digital presence.

A Quick Glossary: Key Legal Concepts for Performers

Common Law Trademark Rights: Rights you automatically gain by using a name or logo in commerce, but often limited to your geographic reach.

Federal Trademark Registration: Nationwide protection administered under the Lanham Act, creating a presumption of ownership and enforceability.

Likelihood of Confusion: The central test in trademark disputes. Would an ordinary consumer confuse one performer’s services with another’s?

Abandonment: A trademark can be lost if not used in commerce with no intent to resume. Gaps in use may open the door to legal challenges.

FAQs: Protecting Your Performer Name

1. Someone trademarked the name I’ve used for years. What are my rights?

You may still have rights if you can prove prior commercial use. These common law rights can be raised in defense or to cancel a registration. But they may be limited to certain geographic areas—especially tricky in the digital era.

2. Is a lapsed or expired trademark free for anyone to use?

Not always. A lapse ends federal protection, but the original owner may still hold common law rights. And as the Lexi Love case shows, re-filing is always possible. That’s why a trademark clearance search is essential before adopting a stage name.

3. I’m an adult performer. Can my name be rejected as “immoral” or “scandalous”?

No. The Supreme Court in Iancu v. Brunetti (2019) struck down the Lanham Act’s ban on “immoral” or “scandalous” marks. Performers in adult industries have the same right to protect their names as anyone else. Attorneys who practice lifestyle law for adult entertainers can guide you through this process.

4. What’s the difference between ™ and ®?

The ™ symbol signals you’re claiming rights, even without registration. The ® symbol can only be used once the USPTO officially registers your mark. Misusing ® is unlawful.

5. How much does it cost to trademark a name?

USPTO filing fees are usually $250–$350 per class, plus legal fees for clearance searches and filings. While it’s an investment, it’s far cheaper than rebranding or fighting a lawsuit.

Final Thoughts

The Lexi Love trademark case is a reminder of how fragile creative careers can be when legal protections aren’t in place. Stage names aren’t just personal—they’re property, and protecting them early can save heartbreak later.

As a Drag Race fan and an attorney practicing lifestyle law for adult entertainers and creatives, I admire Barnes’ artistry and resilience. But as a lawyer, I see this as a call to action for performers: secure your name before someone else does.

Your name is your brand, your reputation, and your income. Don’t leave it unprotected. If you’re a performer, artist, or creative building a lasting career, securing your intellectual property is the first step. I practice lifestyle law for adult entertainers and creatives—schedule a consultation today to discuss protecting your stage name and your future.

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