Patagonia files lawsuit against Pattie Gonia seeking $1 in monetary damages over trademark dispute
Patagonia wants the court to issue legal injunctions that stop Gonia from selling merchandise that allegedly copies or imitates their logo
By Aaron Sugg
Outdoor clothing company Patagonia is suing drag artist and environmental activist Pattie Gonia for trademark infringement.
The American company is seeking $1 (£0.74) in monetary damages and court orders blocking Gonia from selling infringing merchandise or receiving federal ‘Pattie Gonia’ trademarks.
According to the Daily Mail, Patagonia released a statement alongside the lawsuit, saying: “We’re not against art, creative expression or commentary about a brand.”
“We want Pattie to have a long and successful career and make progress on issues that matter” – Patagonia on their lawsuit against Pattie Gonia
“We want Pattie to have a long and successful career and make progress on issues that matter,” continued Patagonia, before adding: “but in a way that respects Patagonia’s intellectual property and ability to use our brand to sell products and advocate for the environment.”
Patagonia’s statement in full
‘Today Patagonia filed a trademark infringement lawsuit against the entrepreneur, drag queen, and activist Pattie Gonia. While we wish we didn’t have to do this – and actively engaged with Pattie for several years to avoid this – it has become necessary to protect the brand we have spent the last 50 years building.
‘We’re not against art, creative expression, or commentary about our brand. We want Pattie to have a long and successful career and make progress on issues that matter – but in a way that respects Patagonia’s intellectual property and ability to use our brand to sell products and advocate for the environment. For more than three years, Patagonia engaged in open dialogue with Pattie Gonia to discuss ways she could continue her environmental and social advocacy, brand deals, and other work without infringing on our trademarks. We thought we’d reached an agreement and, for a while, it worked.’
Patagonia and Gonia reached an agreement in 2022 in which the activist agreed to respect Patagonia’s trademarks after taking inspiration from the South American region for her drag name, allegedly agreeing to use it only for activism, not commercial sales.
Patagonia alleges Gonia later violated that agreement by filing a trademark application to use “PATTIE GONIA”. According to the lawsuit, this trademark filing “reflects a departure” from the original agreement.
“[We] must insist that the Pattie Gonia persona not be commercialised” – Patagonia on trademark infringement
In excerpts of emails included in the lawsuit, however, Gonia and her business partner allegedly did not explicitly agree to the terms, but stated they would (as per the Daily Mail’s report) “keep note.”
After the drag performer allegedly started selling T-shirts, hoodies, and stickers with the phrase “Pattie Gonia Hiking Club” at her theatre shows, Patagonia wrote to Gonia: “Patagonia remains supportive of your work, but must insist that the Pattie Gonia persona not be commercialised and continue to adhere to the commitments made in 2022,” representatives stated.
Gonia argued that any similarities were unintentional or fan-made, stating that both the company and her drag persona were inspired by the South American region.
The outdoors company is seeking $1 in nominal damages
She reportedly said that Pattie Gonia “have never and will never reference the brand Patagonia’s logo or brand,” and added that there is “plenty of room” for the both of them.
Patagonia lawyers argued that the performer began using her trademark “long after the Patagonia trademarks became famous.”
Late last year Gonia raised over $1 million (£750,700) for eight environmental organisations as she completed a 100-mile trek in full drag down the California coast on Saturday (6 December).
Attitude have reached out to Pattie Gonia for comment.
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