Drag is a vibrant form of performance art rooted in Black and Hispanic/Latino queer culture, blending parody, camp, and dramatic expression through exaggerated mannerisms, makeup, and clothing. Performers often adopt stage names that reference pop culture, luxury brands, or iconic figures, creating a unique brand identity. However, this practice can inadvertently lead to legal conflicts, particularly under trademark law.
Trademark law, designed to protect consumer recognition of goods and services, can clash with the creative freedom central to drag. A stage name, once adopted, may become a registered trademark, granting the holder exclusive rights to its use. This creates a potential for confusion if another performer adopts the same name, especially when audiences or venues might mistake them as the same entity.
The case of Lexi Love highlights these tensions. Contestant Clair Barnes used the name on RuPaul’s Drag Race season 17, only to face a cease-and-desist letter from Selena Scola, who claimed trademark rights to “Lexi Love.” Scola’s prior federal registration, though lapsed, was revived in 2025, giving her legal standing to challenge Barnes’ use. The dispute led to suspended social media accounts, canceled gigs, and reputational damage for both parties.
This conflict underscores a broader issue: how to balance artistic expression with commercial trademark protections. Many drag performers have altered their stage names to avoid infringement, such as Jan Sport becoming Jan or Brita Filter becoming Brita. For others, the risk of litigation can overshadow their careers, forcing them to abandon names that once defined their public persona.
Legal experts advise performers to conduct trademark clearance searches before adopting a stage name and consider federal registration to secure rights, especially if they plan to monetize their brand through merchandise or streaming. While IP law safeguards creative works, overly rigid enforcement could stifle the parodic and cultural essence of drag. Courts often favor parody in noncommercial contexts, but as drag becomes increasingly commercial - through touring, online content, and product sales - the line between art and commerce grows blurrier.