Very few games have entered the cultural zeitgeist in the way that ‘Dungeons and Dragons’ has over the decades. It’s likely what kicked off the entire roleplaying game industry and has spawned various films, books, video games, and so much more.

In what may be its biggest battle yet, the game’s publisher is opposing the ‘Dungeons and Drag Queens’ trademark application.

If you haven’t heard of this drag show, that may change in the coming months – and not just because ‘Dungeons and Dragons’ has set their sights on the live event. The drag show started on a small stage in 2021, but it has since become an international touring act. Still, this growing fame may not protect it from the “original gangster” of the fantasy role playing world.

Dungeons and Drag Queens Seeks Trademark Rights

On September 18, 2023, the United States Patent and Trademark Office (USPTO) received an application from Paul Curry for the term ‘Dungeons and Drag Queens.’ Curry started a live show in 2021 that featured drag queens playing the game ‘Dungeons and Dragons’ on stage. Curry served as the “dungeon master” — meaning he narrated and controlled the fantasy journey in many ways.

Since that time, Curry and his show have begun touring internationally – even recently being scheduled for an appearance at the Las Vegas MagicCon convention. Perhaps it was this growing acclaim that made Curry want to seek trademark registration. Unfortunately, that may be precisely what derails his increasingly popular show — as the increased attention has not gone unnoticed.

Dungeons and Dragons Ready for a Battle

The publisher of ‘Dungeons and Dragons’ – Wizards of the Coast – submitted a trademark opposition to the USPTO on August 9, 2024. In the filing, the company claims that registration of ‘Dungeons and Drag Queens’ could create confusion among consumers along with diluting the connection of ‘Dungeons and Dragons’ to Wizards of the Coast in consumers’ minds.

The reason for the gaming company’s opposition is clear. The term ‘Dungeons and Drag Queens’ is nearly identical to ‘Dungeons and Dragons’ – differing by only a few letters at the end. This alone could make trademark registration challenging, but Curry also made things difficult for himself by specifically linking his show to the game in marketing materials.

If you look at the clothing merchandise released by Curry’s live show, they even use the trademarked ampersand (&) used by Wizards of the Coast. This symbol is stylized in the shape of a dragon, so it’s very noteworthy. It’s clear to see how the owners of the Dungeons and Dragons trademark might suspect that a likelihood of confusion would arise between the two brands.

Could the Dungeons and Drag Queens Trademark Persevere?

There are many nuances to trademark law. One of the most important is the clear delineation between brands and their services. ‘Dungeons and Drag Queens’ is certainly different than the role playing game. In the show, drag queens act out the fantasy story taking place in the game on stage. This is clearly a different service than what Wizards of the Coast provides.

However, it’s also clear that one might expect consumers to be confused. This means it’s contingent on Paul Curry to show that such confusion would not occur. It may be possible to do this by arguing that the drag performance is satire or parody, thus being protected as free speech under the First Amendment. Unfortunately, this might not be an easy task.

There’s no denying that ‘Dungeons and Drag Queens’ utilizes a similar trademark in its performance and marketing. To overcome claims of trademark infringement, Curry will need to showcase that consumers clearly recognize that his show is unrelated to the Wizards of the Coast game. He’ll also need to prove that it qualifies as parody or satire.

At this time, Curry has until September 18, 2024 to file an answer with the USPTO. Drag queens have overcome tough challenges over the years, but facing off against a creator of dragons might be a tall task.