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Reason
Reason
Politics
Eugene Volokh

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

From Barnes v. Scola, decided Thursday by Judge Richard Seeborg (N.D. Cal.):

Selena Scola is an actress, entertainer, and influencer. Scola began performing under the name Lexi Love in 2004 in adult films. Between 2004 and 2010, she starred in over 600 such films. During this time, she also worked as a featured dancer at night clubs across the country and was hired to help promote companies at industry expositions. She appeared at red carpet events, award shows, and conventions and guest-starred on radio talk shows.

In 2009, she became an advocate for safe sex in the adult entertainment industry and began speaking out about conditions under which she would not work on an adult film. Then, in 2010, Scola shifted from acting in adult films. She worked as a consultant on adult films and continued to attend industry events and appeared on radio shows but began expanding her work, again under the name Lexi Love, into independent films, television shows, commercials, video games, music videos, musical recordings and tours, film and podcast production, and other entertainment and influencer roles. Scola also grew and maintained a strong, monetized social media presence. She 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 of which she used as recently as 2021. Then in 2025, Barnes' fame grew with her participation in Season 17 of the popular show RuPaul's Drag Race. Barnes' 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, with the announcement of Barnes' participation in RuPaul's Drag Race, Scola learned of Barnes' use of the name and contacted Paramount's MTV and Barnes to inform them of her trademark rights. Yet, Barnes' use of the name continued. In August 2025, Scola sent cease and desist letters to Paramount, WOW, and Barnes. Barnes again continued to use the name and encouraged her fans to do the same, and Paramount and WOW continued to post content featuring Barnes as Lexi Love. Throughout this time, Scola sent takedown requests to social media platforms and third parties regarding Barnes' use of the LEXI LOVE mark.

Barnes's fame has diluted Scola's online presence. Scola has been tagged repeatedly on social media by users intending to tag Barnes, searches for Lexi Love return content about Barnes, and, as a result of Barnes' fame, Scola has lost business opportunities. Scola has sent numerous takedown requests regarding Barnes' content and accounts using the Lexi Love name.

Litigation ensued, Scola claimed that Barnes infringed her trademark, and the court allowed the claim to go forward:

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