"Lexi Love": Drag or Porn? (+ RuPaul's Drag Race)

A legal dispute over the use of the name "Lexi Love" has escalated after Selena Scola, an actress and influencer known for her career in adult entertainment, filed a lawsuit against Cody Barnes, a drag performer who gained prominence through her participation in Season 17 of RuPaul’s Drag Race. The case, decided by Judge Richard Seeborg in the Northern District of California, centers around trademark infringement and the broader implications of free speech protections under the First Amendment. Selena Scola, who performs under the name Lexi Love, has been associated with the moniker since 2004. At that time, she began appearing in adult films and later expanded her career into independent films, television, commercials, and other entertainment ventures. By 2010, she had transitioned away from starring in adult films but continued to use the name Lexi Love in her broader entertainment endeavors. Scola registered the name as a trademark in 2017, covering services related to talent management and entertainment performance. Cody Barnes, who uses the name Lexi Love in her drag performances, first adopted the name in 2009. She has used variations of the name, including Alexstacy Love, Lexi DVV Love, and Lexi V. Love, with the latter being used as recently as 2021. Barnes rose to national attention in 2025 after being cast in Season 17 of RuPaul’s Drag Race, which aired between January and April of that year. The season was produced by WOW and broadcast by Paramount on MTV. According to court documents, Scola discovered Barnes’ use of the name in late 2024 following the announcement of Barnes’ participation in RuPaul’s Drag Race. Scola immediately reached out to Paramount, MTV, and Barnes herself to assert her trademark rights. Despite these efforts, Barnes continued to use the name, and Paramount and WOW did not remove content featuring Barnes as Lexi Love. Scola reportedly sent multiple cease-and-desist letters and takedown requests to social media platforms and third-party entities throughout 2025. The legal conflict intensified as Scola alleged that Barnes’ widespread use of the name had significantly diluted her own brand recognition. Social media users frequently mistook Scola for Barnes, and searches for “Lexi Love” predominantly returned results related to Barnes. This confusion led to lost business opportunities for Scola, who has relied heavily on her trademarked identity for marketing and branding purposes. The core issue before the court revolves around whether Barnes’ use of the name constitutes trademark infringement or falls under the protection of the First Amendment. The court referenced the Rogers test, established by the Second Circuit in Rogers v. Grimaldi (1989), which balances trademark law with free expression. Under this standard, a defendant can use a celebrity’s name or likeness in an expressive work unless it is used to falsely imply endorsement or sponsorship. The judge ruled that Scola’s claims for contributory trademark infringement and unfair competition could proceed, leaving open the question of whether the First Amendment shields Barnes’ use of the name. The ruling highlights the complex interplay between intellectual property rights and the right to artistic expression, particularly in the context of drag performance, which often incorporates elements of parody, satire, and cultural commentary. The case has drawn attention from both the entertainment and legal communities, raising questions about how trademarks are protected in the realm of performance art. While Scola argues that her trademark registration grants her exclusive rights to the name, Barnes contends that her use of “Lexi Love” is transformative and does not imply endorsement or association with Scola’s past work. As the litigation continues, the outcome will have far-reaching implications for performers and brands alike. If the court rules in favor of Scola, it could set a precedent for stricter enforcement of trademark rights in creative industries. Conversely, a decision favoring Barnes might reinforce the importance of free expression in drag and performance art, allowing artists greater flexibility in their choice of stage names and personas.