Patagonia vs Pattie Gonia: The Trademark Dispute Explained

Before Pride Month in June, drag queen Pattie Gonia accused Patagonia, a prominent sustainable outdoor apparel brand, of attempting to erase her activism. The performer, known for her long, red hair and climate advocacy, claims that Patagonia is suing her for trademark infringement, which raises questions about consumer confusion. While the lawsuit is for $1, the legal fees could exceed $1 million. The drag queen, whose birth name is Wyn Wiley, first gained attention for her environmentalism and viral videos, including a clip of her camping in high heels.

Pattie Gonia performs educational videos on climate change and tours with the “Save Her! Environmental Drag Show.” However, Patagonia argues that Pattie Gonia’s use of her name for selling clothing confuses consumers and infringes on their trademark.

The lawsuit, initiated on January 21, accompanied by Pattie Gonia’s announcement on May 27, caused confusion. Some believed Patagonia was targeting her during Pride Month. Pattie Gonia did not clarify the timing of her announcement.

McDonald’s and Starbucks have previously taken legal action against names similar to theirs. For Patagonia, the issue concerns the broader implications for trademark protection. Allowing similar brand names could set unwanted precedents, warns trademark lawyer Lara Pearson.

The backlash from Pattie Gonia’s followers was swift. Some fans claimed Patagonia was unjustly targeting a queer activist. A supporter, Jim Gregory, criticized Patagonia and donated his branded hat to express his discontent. Cleo Schroer, a researcher in queer politics, initially viewed Patagonia unfavorably but reassessed her stance after reviewing the complaint. She felt the accusation of silencing a drag queen seemed inaccurate.

Patagonia, a diverse region in Chile and Argentina, inspired the apparel brand’s name. Founder Yvon Chouinard saw the name as appealing to outdoor enthusiasts. Although known, a geographical name can be protected if registered effectively, explains trademark attorney Josh Gerben.

If Pattie Gonia’s trademark application is approved, Patagonia could oppose it for years unless the lawsuit dictates otherwise. Both parties have made progress toward compromise. Pattie Gonia offered to withdraw her trademark application if Patagonia drops their suit. Patagonia recognized potential hurt within the LGBTQ+ community but stipulates Pattie Gonia must cease using their logo, font, and her name for promotions.

Pattie Gonia consented to some conditions, altering her website to pattiemerch.com but maintained certain rights to her name. Corley Kenna, Patagonia’s communications chief, expressed openness to resolving the issue without further legal battles. Josh Gerben advises avoiding a jury trial, advocating instead for a mutual agreement to ensure certainty for both parties.

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