Every fall, the State Fair of Texas transforms Dallas' Fair Park into a hub of fried foods, carnival rides, livestock shows, and football rivalries. And towering over it all is Big Tex, the 55-foot cowboy who greets fairgoers with a friendly "Howdy, folks!" More than just a mascot, Big Tex has become a cultural icon — and, perhaps surprisingly, a lesson in intellectual property (IP) law. Shrewd use of IP protections has shaped the longstanding success of both Big Tex and another State Fair of Texas icon, Fletcher's Corny Dogs, demonstrating that even state fairs and food brands are impacted by IP law.
The History of Big Tex
Big Tex's story began not in cowboy boots, but in a Santa suit. In 1949, the small town of Kerens, Texas, built the "World's Largest Santa Claus" — a 49-foot figure designed to boost Christmas shopping downtown. In 1951, the State Fair of Texas purchased the structure for $750 and repurposed him as a cowboy.
He debuted in Fair Park in 1952 as the world's tallest cowboy, wearing custom-made size-70 boots and a 75-gallon hat. In 1953, a sound system allowed him to "speak" for the first time, making him an interactive attraction.
Over the decades, Big Tex underwent multiple upgrades, including a new steel frame in 1997 (weighing in at a whopping 6,000 pounds). By 2000, additional engineering enabled his neck to swivel and his mouth mechanics were upgraded. He celebrated his 50th birthday in 2002 with a giant cake and even an AARP card. But disaster struck in October 2012 when an electrical fire destroyed the figure. The Fair responded quickly, commissioning a new, taller (55 feet), and sturdier (25,000 pounds) Big Tex, who returned in 2013. His clothing was overhauled as well, featuring custom-made Dickies gear with a 14-foot collar, 23-foot sleeves, and jeans with a 27-foot waist and 22-foot inseam. During the COVID pandemic, Big Tex even sported a "Howdy Folks" mask. More recently, Big Tex's size 96 boots were selected to appear at the Smithsonian American Art Museum in a 2025 exhibition titled "State Fairs: Growing American Craft," marking only the second time the boots have traveled outside Texas (the first being in 1953). Today, Big Tex is more than a landmark — he's the face of the Texas State Fair's brand identity.
Intellectual Property, Big Tex, and Fletcher's Corny Dogs
The State Fair of Texas protects Big Tex through trademark law. Federally registered marks for the name "BIG TEX" as well as his image cover a variety of goods and services, including merchandise such as clothing, hats, mugs, and promotional goods. These protections ensure that only authorized vendors can sell products bearing the name or image of Big Tex, preserving brand value and avoiding consumer confusion. The Fair carefully controls licensing for use of the Big Tex name and likeness, ensuring brand consistency across events and merchandise. In addition to registered trademark rights, Big Tex benefits from common law trademark protection, which guards against unauthorized commercial uses even outside the scope of federal registrations.
The BigTexSports.com Domain Dispute
For the most part, the federal trademark protections secured by the State Fair of Texas have prevented large-scale infringement of the Big Tex name or image. However, a significant legal dispute arose in the early 2000s, when an unrelated party registered the domain bigtexsports.com for a sports handicapping website. Maintaining that this use violated its BIG TEX trademarks, the State Fair of Texas filed a Uniform Domain-Name Dispute-Resolution Proceeding (UDRP) contesting the use of the domain. A UDRP panel found that the domain was confusingly similar to the Big Tex mark and likely to mislead consumers into thinking the Fair endorsed the site. More importantly, the panel held that the gambling site's nature risked diluting Big Tex's wholesome, family-friendly reputation. The panel ordered the domain transferred to the State Fair of Texas, underscoring the importance of active enforcement in trademark law. The case also highlighted how iconic brands can be exploited online if owners fail to police unauthorized uses.
Fletcher's Corny Dogs
If Big Tex is the Fair's symbol, Fletcher's Original Corny Dogs are its signature flavor. Introduced to the Fair in 1942 by brothers Neil and Carl Fletcher, these battered-and-fried hot dogs on a stick quickly became a State Fair of Texas tradition. The Fletcher Brothers are often credited with popularizing — if not inventing — the corn dog itself. After decades of success, financial hardship in the late 1980s led to Fletcher's losing direct control of its trademarks (although they retained an exclusive license to continue using the marks). The Fletcher's trademarks were eventually acquired by Tyson Foods, Inc. ("Tyson") and its wholly-owned subsidiary, Sara Lee Foods. In 2019, Tyson assigned all rights and goodwill in the trademarks back to the family's entity, Fletcher's Original State Fair Corny Dogs, LLC.
Family Feud
The most publicized conflict began in 2019 when members of the Fletcher family-- Jace Fletcher Christensen (great-granddaughter of one of the original Fletcher brothers) and Victoria Fletcher (her mother) started a pop-up corn dog business under names like "Fletch," "Eat Fletch," or "EatFletch." Fletcher's sued, claiming the branding caused consumer confusion and infringed on its well-established mark. Rather than federal registrations, the Fletcher family's claims were based on common-law trademark rights in a host of word and design marks—including FLETCHER'S and FLETCHER'S CORNY DOGS—arising out of decades of use.
A federal court sided with the Fletcher Family and issued a preliminary injunction in January 2020, prohibiting the estranged family members from using the contested names. While Fletcher's expressed regret that the dispute involved family, the ruling confirmed that even family members cannot exploit a famous brand if it risks misleading consumers.
Legal Takeaways
In addition to providing a colorful history of one of the longest running state fairs in the country, the stories of Big Tex and Fletcher's Corny Dogs provide valuable lessons for businesses, entrepreneurs, and brand owners:
- Trademark Protection Is Crucial – registering trademarks with the USPTO helps prevent competitors from exploiting your brand.
- Enforcement Must Be Ongoing – rights must be actively defended, whether against domain squatters or confusingly similar family-run businesses.
- Goodwill Can Be Diluted Quickly – associating a wholesome brand (Big Tex) with inappropriate industries (gambling) can tarnish its reputation — a reminder of why careful licensing matters.
- Family Ties Don't Override Trademark Law – as the Fletcher's litigation shows, even relatives can't lawfully trade on a famous brand if it creates confusion.
- Iconic Brands Attract Attention – the bigger and more culturally significant the brand, the more attractive it becomes to imitators. Strong IP strategies are essential to maintaining control.
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