As
someone
with
a
tremendous
respect
for
the
dedication
of
athletes
to
their
craft,
I
always
relish
the
opportunity
to
hear
from
those
who
have
achieved
measurable
success
in
their
sport
of
choice.
Likewise,
I
am
always
impressed
by
the
grit
and
risk-taking
of
those
who
choose
to
start
their
own
businesses,
irrespective
of
field
of
endeavor.
And
I
am
perhaps
most
interested
in
hearing
about
the
experiences
of
those
who
have
experienced
IP
litigation
from
the
client’s
perspective,
whether
as
the
claim
owner
or
accused
infringer. So
when
I
was
presented
the
opportunity
to
interview
a
former
Division
1
college
athlete
who
built
a
successful
company
and
is
now
embroiled
in
trademark
litigation,
I
jumped
at
the
opportunity.
I
am
pleased,
therefore,
to
present
this
readership
with
a
chance
to
meet
this
week’s
interviewee,
a
woman
of
many
talents
who
is
authoring
an
important
story
for
us
to
consider
as
IP
practitioners.
Lindzee
Barrera
is
the
founder
of
Birdie
Girl
Golf,
a
brand
dedicated
to
making
women’s
golf
more
fun
and
approachable.
A
former
Division
I
golfer
at
the
University
of
Idaho,
Lindzee
grew
up
in
a
golf-loving
Seattle
family,
with
her
dad
as
her
swing
coach
and
a
golf
course
architect,
and
her
brothers
as
PGA
pros.
After
15
years
in
marketing
away
from
the
game,
Lindzee
took
a
leap
in
2024,
leaving
her
corporate
job
to
run
Birdie
Girl
full-time.
Now
based
in
Boise,
she
juggles
entrepreneurship
with
family
life,
raising
her
two
kids,
Anabel
and
Jack,
with
her
husband,
Javier.
What
started
as
a
search
for
the
perfect
ball
marker
has
grown
into
a
brand
that
celebrates
women
on
the
course
with
personality
and
playfulness.
At
the
same
time,
when
a
competitor
took
ownership
over
domain
names
critical
to
Lindzee’s
business
and
redirected
them
to
her
own
site,
Lindzee
reached
out
to
find
a
fair
resolution.
When
the
competitor
threatened
in
response
to
cancel
Lindzee’s
trademarks
for
BIRDIE
GIRL,
Lindzee
and
her
trademark
litigation
attorneys,
Matthew
Asbell
and
Chintan
Desai
of
Lippes
Mathias,
LLP
filed
an
action
in
the
Southern
District
of
New
York,
seeking
declaratory
judgment
that
her
BIRDIE
GIRL
trademarks
are
valid
and
noninfringing
and
also
requesting
transfer
of
the
domain
names
under
the
Anti-Cybersquatting
Consumer
Protection
Act.
In
that
suit,
the
defendant
has
filed
a
motion
to
dismiss
for
lack
of
personal
jurisdiction.
That
motion
remains
pending,
but
Lindzee’s
resolve
to
protect
her
IP
rights
is
unshaken.
I
very
much
welcome
the
opportunity
to
share
Lindzee’s
insights
once
again
with
this
audience.
As
usual,
I
have
added
some
brief
commentary
to
Lindzee’s
answer
to
my
first
question
below,
but
have
otherwise
presented
her
answer
as
she
provided
it.
GK:
Sticking
up
for
your
IP
rights
can
be
a
challenge
for
a
small
business
owner.
What
has
driven
you
to
say
you
need
to
stand
up
for
your
company’s
rights?
LB:
Building
Birdie
Girl
has
never
been
about
just
selling
products
for
me,
it’s
about
creating
a
brand
and
community
with
women
who
love
to
golf.
The
sport
has
opened
many
doors
for
me
throughout
my
career
and
helped
me
build
lifelong
friendships,
and
I
want
that
for
others.
When
someone
tries
to
take
that
away,
especially
through
bad-faith
tactics,
it’s
not
just
about
business
for
me.
As
a
small
business
owner,
it
probably
would
have
been
easy
to
back
down,
but
I
knew
if
I
didn’t
defend
my
trademark,
I
would
be
setting
a
precedent
that
anyone
can
walk
in
and
take
what
I
have
built.
Entrepreneurs
pour
their
hearts
into
their
businesses,
and
protecting
that
work
is
not
just
about
one
brand.
It
is
about
setting
a
precedent.
I
also
feel
a
responsibility
to
stand
up
for
other
small
business
owners
who
face
similar
challenges
but
don’t
have
the
confidence
to
fight
back.
GK:
There
is
no
way
to
sugarcoat
the
depth
of
the
challenge
for
small
business
owners
when
forced
to
confront
an
IP
issue,
whether
in
or
out
of
court.
This
is
particularly
true
when
the
hard-earned
IP
rights
face
attack
from
a
third-party,
whether
in
the
context
of
an
IPR
for
a
patent
owner
or
a
trademark
cancellation
proceeding
like
the
one
initiated
against
Lindzee’s
company.
It
is
clear
from
her
response
that
her
connection
to
her
company
is
one
of
passion
for
the
good
it
can
create
in
the
world,
particularly
for
women
golfers,
not
only
for
the
profit
potential
of
the
products
it
sells.
In
some
ways,
her
decision
to
stand
up
for
her
company’s
IP
rights,
despite
the
costs
and
challenges
presented
by
doing
so,
is
a
reflection
of
her
belief
that
her
brand
is
more
than
just
a
sterile
trademark.
Rather,
it
represents
the
effort
and
sacrifice
that
went
into
building
the
Birdie
Girl
brand,
as
well
as
the
impact
that
Birdie
Girl
has
had
on
its
customers.
I
am
sure
many
other
brand
owners
feel
likewise
about
their
own
brands.
Perhaps
they
will
be
inspired
by
Lindzee’s
example
to
stand
up
for
their
rights,
just
like
she
has.
We
will
continue
with
Lindzee’s
answers
to
questions
2
and
3
next
week.
In
the
meantime,
please
take
the
opportunity
to
check
out
and
support
Birdie
Girl,
maybe
with
a
Valentine’s
gift
for
the
female
golfer
in
your
life.
Please
feel
free
to
send
comments
or
questions
to
me
at
[email protected]
or
via
Twitter:
@gkroub.
Any
topic
suggestions
or
thoughts
are
most
welcome.
Gaston
Kroub
lives
in
Brooklyn
and
is
a
founding
partner
of
Kroub,
Silbersher
&
Kolmykov
PLLC,
an
intellectual
property
litigation
boutique,
and Markman
Advisors
LLC,
a
leading
consultancy
on
patent
issues
for
the
investment
community.
Gaston’s
practice
focuses
on
intellectual
property
litigation
and
related
counseling,
with
a
strong
focus
on
patent
matters.
You
can
reach
him
at [email protected] or
follow
him
on
Twitter: @gkroub.