Patagonia sues drag queen Pattie Gonia for trademark infringement
· Toronto Sun
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Pattie Gonia wants Patagonia to stop.
Visit raccoongame.org for more information.
The drag queen is seeking fans’ help to fight the outdoor apparel company’s trademark infringement lawsuit, which was filed in January in the U.S. District Court for the Central District of California .
Details of the lawsuit
The company sued the entertainer and environmentalist Pattie Gonia, real name Wyn Wiley, claiming that the drag queen has moved away from “discrete use of a persona to engage in activism” to a wide-ranging commercial enterprise when Wiley filed a trademark application seeking exclusive rights to “Pattie Gonia” for apparel, marketing and events, according to NBC .
The drag queen’s “products and services compete directly with the products and advocacy upon which Patagonia built its Patagonia brand over the last fifty-three years,” according to the clothing giant’s complaint.
Pattie Gonia “appropriates Patagonia’s brand and identity in a way that has already confused consumers, and will continue to confuse consumers, about Patagonia’s role in producing or sponsoring Pattie Gonia’s products, events and public appearances,” the complaint noted, per the outlet.
The drag queen, who boasts millions of follows on Instagram and TikTok, has raised more than $3.7 million for environmental nonprofits.
Patagonia is suing Wiley for $1 in damages plus legal fees, saying it supports the performer’s causes but wants to protect the company’s branding.
Fans, unite and fight
Pattie Gonia issued a plea on social media, urging their supporters to band together and help get Patagonia to drop the suit.
“This is not a brand conflict. This is a corporation trying to erase an activist. This is how corporations bully individuals who cannot match their resources,” the drag queen wrote in an Instagram post last Wednesday.
Pattie Gonia, who also shared their open letter to the company , acknowledged the $1 lawsuit but argued that Patagonia wants to tie them up with more than $1 million in legal fees, adding it would also affect the lives of the team they employ.
“This is a betrayal of Patagonia’s core mission,” the drag queen continued. “Because if they’re ‘in business to save the planet,’ why are they suing a climate activist?”
The performer noted that after staying for months, they decided to speak up or risk “the erasure of my name, my advocacy, my community and everyone I employ” and “fight for myself and fight for us.”
Pattie Gonia added: “So I’m fighting and I’m inviting you to join me in a simple call to action: Patagonia, drop the lawsuit.”
Patagonia’s proof
In its filings, Patagonia included photos showing how the drag queen’s branded stickers look “substantially similar” to the Patagonia logo featuring the familiar mountain silhouette.
The company countered with its own statement, detailing that it worked with Pattie Gonia for years to reach an agreement and avoid going to court, but accused the entertainer of violating the agreement by filing a trademark application to use the name Pattie Gonia for wide-ranging commercial sales.
“Over the past several years, we’ve tried to find a path forward that would allow Pattie Gonia to continue their work while also protecting the Patagonia trademark,” the company said on Wednesday .
“These conversations have included multiple proposals — each intended to support that path — along with ongoing dialogue and genuine efforts to avoid this ending up in court,” it added. “Unfortunately, we could not reach an agreement.”
Patagonia further detailed to the Los Angeles Times that the suit is not trying to challenge “anyone’s identity or right to advocacy, protest, or creative expression.”
The company explained in an email: “Protecting the Patagonia trademark is part of protecting the ability of this company to continue doing that work in the future. The last thing we wanted was a legal fight with someone who shares our values, but we must protect our business and employees.”