Lip-Sync for Your Rights: Recent Developments in Trademark Law and LGBTQ+ Performance Art

Drag is a form of performance art in which individuals use clothing, makeup, and exaggerated mannerisms to express and perform aspects of gender identity, often through parody, glamor, or camp. It can take many forms—from lip-syncing and comedy to dance, singing, and dramatic impersonation—and has deep roots in Black and Hispanic/Latino queer culture, serving both as entertainment and social commentary. Performers can be known as drag queens or drag kings, depending on the type of drag they produce.

There are several types of intellectual property (IP) that can protect various aspects of drag performance art, artists, and their personas. However, to entertain audiences, drag performers often reference well-known characters, brands, songs, or celebrity likenesses. This can create IP tensions, particularly in the realms of copyright and trademark law, pitting artistic expression against the rights of IP holders. While copyright and other IP issues in drag are significant, this article will focus on trademarks, which are especially relevant for recent events regarding stage names and branding.

A trademark is a word, phrase, symbol, design, or combination of these that identifies and distinguishes the source of goods or services.[1] Trademarks play an important role in helping consumers recognize a product or service and preventing confusion of brands in the marketplace. Trademark protection may be established either under common law or by federal statute. To obtain strong, federal protection, businesses and even performers often register their marks with the U.S. Patent and Trademark Office (USPTO) under the Lanham Act.[2] These marks must be maintained by continued use in interstate commerce. The Lanham Act provides trademark registrants the exclusive right to use their mark in commerce with the associated goods and/or services, as well as to enforce their rights against infringers.

Trademark infringement is found where there is a likelihood of confusion between the registered mark and the infringing mark. Simply put: would the average consumer mistakenly believe two marks refer to the same source? In the context of drag, the question could be posed like this: if one performer uses a stage name already registered by another, might audiences, promoters, or venues confuse the two as being the same entity?

Drag performers typically choose their stage names early in their careers. These names often include references to luxury brands (think Mariah Balenciaga) or pop culture figures and their origins (e.g., Trixie Mattel). While these recognizable names help establish a performer’s brand, they also risk trademark disputes.

A recent high-profile dispute, played out mostly on social media, illustrates these issues. Clair Barnes, a contestant on the 17th season of RuPaul’s Drag Race (RPDR),[3] competed under the stage name Lexi Love, progressing to the final round. A few months after the show aired, actor and “AI architect” Selena Scola, also performing as Lexi Love, posted a cease-and-desist letter on X (formerly Twitter). Scola claimed Barnes’ use of the name, “including in performance, booking, DBA, and promotional materials—is unauthorized, nonconsensual, and constitutes trademark infringement.”[4] According to USPTO records, Scola’s first use of “Lexi Love” in commerce was in 2004,[5]  likely predating Barnes’ rise in the Cincinnati, Louisville, and national drag scenes. In U.S. trademark law, first use in commerce establishes priority rights, which is a central factor in disputes like this.

Scola previously held a federal trademark for “Lexi Love” but allowed it to lapse.[6] She re-applied in February 2024, and the USPTO issued a new registration in March 2025, while season 17 of RPDR was airing. The registration falls under class 041, covering live audio and visual performances by human and digital performers, as well as class 035, covering talent management services for performing artists.

Since the airing of season 17, Scola has publicized her cease-and-desist letter and directly contacted streaming platforms, production companies, and hosting venues. As a result, Barnes’ social media accounts, including X, Instagram, and Cameo, were suspended for impersonation, and several performance gigs were canceled.[7] While Scola alleges that Barnes’ use of “Lexi Love” “damages [her] personal and professional reputation,” Barnes’ own reputation has suffered as institutions hesitate to engage her for fear of infringement litigation.

The Lexi Love dispute underscores the tension between organic artistic development in drag and commercial trademark rights. Other drag queens have had to modify their stage names as they rose to prominence: the performers previously known as Jan Sport and Brita Filter became Jan and Brita, respectively, while RPDR season 12 was airing.[8]

The future of Barnes’ career as “Lexi Love” remains uncertain. Barnes has claimed that she has offered to negotiate a licensing agreement, but the matter currently remains unsettled, and Barnes may have to choose a new stage name, which would be a setback to her career and potentially diminish the fame she has earned from becoming a finalist on RPDR.

In order to prevent trademark infringement disputes like the Lexi Love case, drag performers and their legal representation should: (1) perform clearance searches to determine whether a potential stage name is legally problematic, and (2) register trademarks on their stage names to protect their intellectual property, particularly if they intend on selling merchandise. Other high-profile drag queens, like RuPaul[9] and Monét X Change,[10] have registered trademarks that protect their goods and services, demonstrating how drag stage names can function as intellectual property.

Drag thrives on parody and camp, which in turn rely on recognizable cultural references. IP law exists to protect creative works, but overly strict enforcement could chill drag as an art form. Courts often favor parody when the trademark includes distinctive elements and is used in a noncommercial fashion, but drag increasingly is commercial (touring, streaming, merch). Budding performers should consult an attorney once a stage name is selected to avoid infringing others’ IP—a misstep that could turn a spotlight moment into a real drag.

[1] https://www.uspto.gov/trademarks/basics/what-trademark

[2] 15 U.S.C. §§ 1051 et seq.

[3] https://www.imdb.com/title/tt34892454/fullcredits/?ref_=tt_ov_sm_1#cast

[4] https://x.com/LexiLove/status/1953886339717640477

[5] USPTO Trademark Search, US Serial Number 98401022

[6] USPTO Trademark Search, US Serial Number 97428288

[7] https://www.reddit.com/r/rupaulsdragrace/comments/1mxl3ch/lexi_love_speaks_out_on_booking_issues_amid/

[8] https://www.gaytimes.com/culture/heres-why-jan-had-to-change-her-name-to-appear-on-rupauls-drag-race/

[9] USPTO Trademark Search, US Serial Number 99334105

[10] USPTO Trademark Search, US Serial Number 88605987