Outdoor clothing and equipment giant Patagonia has initiated legal proceedings against prominent drag queen and environmental activist Pattie Gonia, alleging copyright and trademark infringement in a high-profile case filed in California federal court.
Legal Action Over Brand Confusion
Court documents submitted on Wednesday reveal that Patagonia claims the drag performer's branding and recent trademark application for "PATTIE GONIA" are creating significant confusion among consumers. The outdoor retailer asserts that the similarity between the names and associated branding elements has led to widespread misunderstanding about potential affiliations between the two entities.
Breaking Previous Agreements
According to the legal filing, both parties had previously reached an understanding about how Pattie Gonia's advocacy work could continue without interfering with Patagonia's established brand identity. However, Patagonia now alleges that this agreement has been violated, with the drag performer seeking exclusive trademark rights to commercialise products, endorsements, marketing campaigns, and advocacy initiatives under the PATTIE GONIA brand.
The court documents state: "The trademark application reflects Pattie Gonia's departure from discrete use of a persona to engage in activism and confirms Defendants' intent instead to launch a wide-ranging commercial enterprise under the PATTIE GONIA brand."
Direct Competition Concerns
Patagonia argues that Pattie Gonia's trademark application, which seeks protection for environmental sustainability advocacy, apparel, motivational speaking services, and LGBTQIA2S+ equality promotion, directly competes with the products and advocacy work that have defined the Patagonia brand for over five decades.
The outdoor retailer maintains that despite potentially supporting Pattie Gonia's views and objectives, the company must protect its iconic trademarks from what it perceives as damaging infringement. "For all these reasons, Patagonia must protect its iconic trademarks, even when it supports or agrees with Pattie Gonia's views, message, or objectives," the legal filing emphasises.
Evidence of Consumer Confusion
Patagonia has presented social media evidence suggesting that consumers are already experiencing confusion about the relationship between the two brands. The company included screenshots of comments from Pattie Gonia's social media posts, with one user remarking: "I genuinely thought this was a Patagonia ad for too long... or is it?"
The legal complaint further argues that Pattie Gonia's trademark and products threaten to dilute Patagonia's famous and distinctive marks by diminishing their unique association with the outdoor retailer.
Legal Remedies Sought
In its lawsuit, Patagonia is requesting a trial by jury while seeking only nominal monetary damages of $1. The company contends that the harm caused to its brand is irreparable and cannot be adequately addressed through financial compensation alone.
"The harm Pattie Gonia has caused and will cause to the PATAGONIA brand is irreparable and cannot be remedied by money damages or other remedies short of an injunction," the court documents state, indicating that the primary objective is to obtain legal injunctions against further use of the PATTIE GONIA trademark and related designs.
The Independent has contacted representatives for Pattie Gonia seeking comment on the developing legal situation, which pits a corporate retail giant against an influential drag performer and activist in a dispute over branding rights and commercial boundaries.
