3 Questions For A College Athlete Turned Birdie Girl (Part I)

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 gkroub@kskiplaw.com 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 gkroub@kskiplaw.com or follow him on Twitter: @gkroub.

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