Federal judge allows trademark lawsuit against RuPaul's Drag Race contestant over 'Lexi Love' name to proceed

A federal judge has allowed a trademark infringement lawsuit to proceed against a RuPaul's Drag Race contestant, ruling that First Amendment protections do not automatically shield the use of a stage name already registered by another performer.

Background

The case, Barnes v. Scola, was decided Thursday by U.S. District Judge Richard Seeborg (N.D. Cal.).

Selena Scola, who performs as Lexi Love, began using the name in 2004 in adult films. Between 2004 and 2010, she starred in over 600 such films. During that period, she also:

• Worked as a featured dancer at nightclubs nationwide
• Promoted companies at industry expositions
• Appeared at red carpet events, award shows, and conventions
• Guest-starred on radio talk shows

In 2009, Scola became an advocate for safe sex in the adult entertainment industry and began speaking out about working conditions. In 2010, she shifted from acting in adult films to consulting, while expanding into independent films, television, commercials, video games, music videos, musical recordings and tours, film and podcast production, and other entertainment roles. She also maintains a strong, monetized social media presence.

Scola holds U.S. Trademark Registration No. 7,727,806 for LEXI LOVE in International Class 41, covering talent agency and management services, as well as entertainment performance services.

Cody Barnes is a professional drag performer who alleges she began using the name Lexi Love in 2009. Barnes also performed under the names Alexstacy Love, Lexi DVV Love, and Lexi V. Love—the latter used as recently as 2021.

The Dispute

Barnes' fame grew significantly with her participation in Season 17 of RuPaul's Drag Race. Her casting was announced in December 2024, and the season aired between January and April 2025. Barnes, as Lexi Love, appeared in every episode. WOW produced Season 17, and Paramount aired it on MTV.

In December 2024, upon learning of Barnes' use of the name, Scola contacted Paramount's MTV and Barnes to inform them of her trademark rights. Despite this, Barnes' use continued.

In August 2025, Scola sent cease and desist letters to Paramount, WOW, and Barnes. Barnes continued using the name and encouraged her fans to do the same. Paramount and WOW continued posting content featuring Barnes as Lexi Love.

Scola also sent takedown requests to social media platforms and third parties regarding Barnes' use of the LEXI LOVE mark.

Impact on Scola

According to the court filing, Barnes' fame has diluted Scola's online presence:

• Scola has been repeatedly tagged on social media by users intending to tag Barnes
• Searches for "Lexi Love" now return content about Barnes
• Scola has lost business opportunities as a result of Barnes' fame

Court Ruling

Litigation ensued, with Scola claiming trademark infringement. The court allowed the claim to proceed.

The motion to dismiss by Paramount and WOW turned on whether Scola's claims for contributory trademark infringement and unfair competition are foreclosed by First Amendment protection under the Rogers test.

The Rogers test, first articulated by the Second Circuit in Rogers v. Grimaldi (1989), seeks to balance trademark protection with free expression. It is possible for "expressive works [to] reference a celebrity [or other trademark] 'without any overt indication of authorship or endorsement.'"

However, the court noted that "when a challenged trademark use functions as source-identifying," there is no conflict between First Amendment and Lanham Act rights, and "the likelihood-of-confusion inquiry does enough work to account for the interest in free expression."

Citing the Supreme Court's 2023 decision in Jack Daniel's Properties, Inc. v. VIP Products LLC, the court found that the Rogers test does not automatically apply when a mark is used to identify the source of a work—even if the use also has other expressive content.