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

Last week, I presented Part I of my written interview with Lindzee Barrera, a former Division I college golfer turned entrepreneur. That column presented her answer to the first of my three questions and focused on the current state of play for Lindzee and her company, Birdie Girl, on the trademark litigation front. What follows are Lindzee’s answers to my remaining two questions. As usual, I have added some brief commentary to her answers below, but have otherwise presented her answers as she provided them.

Gaston Kroub: Is there a message you would offer other female founders that find themselves in a similar position vis-à-vis an IP case with a competitor? 

Lindzee Barrera: First and foremost, know your rights and don’t let anyone intimidate you out of what’s rightfully yours. It can feel extremely overwhelming when you’re up against a bigger or more aggressive opponent. If we want to see more thriving women-owned companies, we have to push back against tactics designed to wear us down. 

Build a strong legal team, but also tap into your network for insights and different perspectives on the best path forward. When I first reached out to my female founder network, I was met with overwhelming support and valuable connections that helped guide my decisions. Whenever possible, pay it forward by supporting others who may find themselves in a similar position. 

GK: As a male business owner, albeit one with a bit more of a comfort level when it comes to litigation, I think Lindzee’s advice rings true. When confronted with an unplanned business crisis, it is important to lean on trusted advisors, including with respect to the selection and engagement of the right outside counsel. Here, Lindzee’s company is in very good hands with her litigation team. And I am sure that she will live up to her suggestion of paying good advice forward to other founders once she has put this dispute behind her.

GK: What did your athletic career teach you about dealing with adversity, in life and in business?

Anyone who plays golf knows, golf has a way of humbling you. As a college golfer, I had my fair share of ups and downs.  At times, it felt like my entire worth was tied to whether my score started with a 7. But the biggest lesson I learned is that tough moments don’t define you, how you respond to them does.

I also watched my dad, who was my only golf coach, navigate his own challenges. He was dealing with a legal battle for his own small business and he ultimately lost. Seeing that as a kid stuck with me and showed me that even when you do everything right, things don’t always go your way. With hindsight, I’ve realized setbacks are never wasted. They teach you to toughen up and push hard for something better. 

GK: Lindzee’s comments about the humbling nature of golf will resonate with many litigators, who also operate in a high-stress and challenging environment that often results in the feeling that their professional life is a roller-coaster ride. But, like golf, it is the unpredictability of results in litigation coupled with the importance of preparation to place oneself in the best position of success that provides the moments of satisfaction that can offset all the frustration inherent in the pursuit. At least for the lawyers, that is. As a litigant, the challenge of navigating an unfamiliar, costly, and uncertain process can be a daunting one. Lindzee’s experience as an athlete, as well as her recollections of watching her dad struggle through a similar experience, should serve her in good stead as her case proceeds. Her skilled legal team that is also empathetic and committed, coupled with her own beliefs in the rightness of her cause will hopefully position her for success in her case.

My thanks to Lindzee for the insights and cooperation, and I wish her and her legal team the best of luck with their pending SDNY lawsuit and TTAB proceeding. While the legal processes play out, I hope that Lindzee will continue to find success with Birdie Girl, hopefully in a way that takes her business to new heights. I am always open to conducting interviews of this type with other IP thought leaders, so feel free to reach out if you have a compelling perspective to offer. 

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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