IP Law Daily, TRADEMARK—N.D. Cal.: Preliminary injunction in 'Lexi Love' trademark dispute between adult film star and drag performer denied, (Apr 21, 2026)

By Wendy Biddle, J.D.

The record was too factually murky to establish a likelihood of success on the merits.

A federal court in the Northern District of California has denied a motion for preliminary injunction in a trademark dispute between two entertainers who have both performed for years under the name "Lexi Love," finding that the record contains too many unresolved factual questions about which performer first expanded use of the name into mainstream entertainment channels. The court rejected counterclaimant Selena Scola's request to enjoin Cody Barnes and two production companies from using the Lexi Love mark in connection with professional activities. While acknowledging that Scola's trademark claims warrant serious concern, the court concluded that preliminary injunctive relief cannot be issued based on a factual record rife with unresolved questions about priority of use (Barnes v. Scola, No. 3:25-cv-10837-RS (N.D. Cal. Apr. 17, 2026)).

Background. The controversy centers on two entertainers whose professional paths intersected despite working in different segments of the entertainment industry. Barnes is a professional drag performer who began using the name Lexi Love in 2009. Barnes gained substantial fame through participation in Season 17 of the popular television show RuPaul's Drag Race. The casting was announced in December 2024, and the season aired between January and April 2025, with Barnes appearing as Lexi Love in every episode. World of Wonder Productions produced the season, and Paramount Skydance Corporation aired it on MTV. Both companies continue to make the season available on their streaming platforms.

Scola's use of the name dates back further in time but began in a different entertainment sector. She first performed under the name Lexi Love in 2004 in adult films. After 2010, Scola stopped acting in adult films and expanded her use of the Lexi Love name into films, television shows, commercials, video games, music videos, musical recordings and tours, and film and podcast production, among other entertainment and influencer roles. Since 2024, she has released a new album, been cast in a feature film, and acted in a Super Bowl LX commercial.

Trademark registration history. Scola's relationship with federal trademark registration has been checkered. In December 2007, she applied for a trademark with the United States Patent and Trademark Office for the mark LEXI LOVE. In July 2008, she obtained Registration 3475773 in International Class 41, which covers education and entertainment services. This registration covered entertainment services including providing a website featuring adult content and live appearances by a professional entertainer. However, the 2008 Registration was cancelled in March 2015 due to failure to file Section 8 maintenance filings, which are necessary for the USPTO to confirm the mark is actually being used in commerce.

Scola made another attempt at federal registration in February 2015, again for entertainment services in International Class 41. She obtained Registration 4843150 in October 2015, covering entertainment services in the nature of live audio and visual performances. This registration was also cancelled on May 13, 2022, again for failure to file Section 8 maintenance filings.

In February 2024, Scola reapplied for federal registration in both International Class 35, which covers advertising and business services, and International Class 41. This application covered talent management and entertainment services for both human clients and digital talent, including digital personas, virtual performers, and AI-driven talent. The application was published for opposition on January 28, 2025, and a certificate of registration was issued on March 18, 2025. This federal registration is currently active.

Procedural history. Scola learned of Barnes' use of the name in December 2024 with the announcement of Barnes' participation in RuPaul's Drag Race. Shortly thereafter, she contacted Paramount's MTV and Barnes to inform them of her trademark rights. Barnes continued using the name. In August 2025, Scola sent cease and desist letters to Paramount, World of Wonder, and Barnes. Barnes continued to use the name and encouraged her fans to do the same, while Paramount and World of Wonder continued to post content featuring Barnes as Lexi Love.

On December 19, 2025, Barnes filed the underlying action against Scola, seeking a declaratory judgment invalidating Scola's LEXI LOVE mark and damages for trademark infringement, unfair competition, intentional interference with contractual relations, and intentional interference with prospective economic advantage. Scola filed counterclaims on March 9, 2026, asserting trademark infringement, conversion, and unfair competition against Barnes, along with a third-party complaint against Paramount and World of Wonder for trademark infringement.

Legal analysis. The court began by noting the high standard for preliminary injunctive relief. Under Winter v. Natural Resources Defense Council, a plaintiff must establish likelihood of success on the merits, likelihood of irreparable harm absent preliminary relief, that the balance of equities tips in the plaintiff's favor, and that an injunction serves the public interest. Courts may balance these elements, but a threshold showing must be made on each factor.

The central legal question turned on whether Scola or Barnes is the senior user of the LEXI LOVE mark in the relevant entertainment service, specifically, entertainment circles more mainstream than adult films or drag shows, respectively. The court found the record unclear on this critical issue.

Scola applied for her current registration on February 10, 2024, creating a presumption of a valid and enforceable mark since that date. However, both parties argued their use began much earlier. Scola alleged her use began in 2004 in the adult film industry and continued after 2010 with other types of performance and entertainment. Barnes alleged she began using the mark as a drag performer in 2010.

Evidentiary gaps. The court identified significant evidentiary problems with both parties' claims to senior use. Barnes appears to have used other names besides Lexi Love after her alleged first use in 2010. She provided no support for her early use of the name besides her unverified complaint. Nor did she allege using the name before RuPaul's Drag Race outside of drag show performances specifically.

Despite Scola's position that she used the mark continually since 2004, her prior registrations both lapsed for failure to file Section 8 maintenance filings. The court noted these filings are necessary for the USPTO to confirm the mark is actually being used in commerce. The first example Scola cited showing continued use after leaving the adult film industry was in 2012—two years after Barnes' alleged first use in 2010.

The court concluded it was not sufficiently clear that Scola is the senior mark holder. The present record does not demonstrate the requisite likelihood of success on the merits of Scola's trademark infringement claim, notwithstanding how that claim may be developed during litigation. Because Scola's contributory infringement, unfair competition law, and conversion claims hinge on her trademark infringement claim, injunctive relief could not issue on those claims either.

In light of the insufficiency regarding success on the merits, the court found it unnecessary to reach the other injunctive factors such as irreparable harm. The motion for preliminary injunction was denied.

The Case is No. 3:25-cv-10837-RS.

Judge: Seeborg, R.

Attorneys: Erica J. Van Loon (Armond Wilson LLP) for Cody Barnes. Reid Adam Winthrop (Winthrop Law Group, PC) for Selena Scola.

Cases: Trademark CaliforniaNews