Outdoor clothing company Patagonia has filed a trademark infringement lawsuit against environmentalist drag queen known Pattie Gonia, prompting accusations that the brand is attempting to “erase an activist”.
Pattie Gonia, real name Wyn Wiley, has built a large online following through environmental advocacy and fundraising, raising almost $4 million for non-profit organisations. Last year, they raised $1 million by hiking 100 miles in full drag from Point Reyes National Seashore to San Francisco.
Patagonia filed the lawsuit on 21 January in a federal court in Los Angeles. The company is seeking nominal damages of $1, along with legal fees, after Wiley applied in September to trademark the name Pattie Gonia for the sale of clothing and the promotion of environmental activism.
Patagonia, whose name is derived from the geographical region spanning parts of Argentina and Chile, said the trademark application could “irreparably harm” its brand.
“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,” the company said in a statement issued in January.
“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.”
On Wednesday, Wiley responded publicly to the lawsuit for the first time, posting a video on Instagram and sharing a letter sent to Patagonia’s board of directors calling for the legal action to be dropped.
“This is a betrayal of Patagonia’s core mission,” Wiley said. “If they’re ‘in business to save the home planet’, why are they suing a climate activist?”
Wiley said that efforts had been made over several months to resolve the dispute without going to court, but claimed the lawsuit threatened not only the Pattie Gonia name but also the wider advocacy work and community built around it.
Although Patagonia is seeking only $1 in damages, Wiley said the cost of defending the case would be far higher.
“This is not a brand conflict,” Wiley said. “This is a corporation trying to erase an activist. This is how corporations bully individuals who cannot match their resources.”
Wiley acknowledged that merchandise associated with Pattie Gonia had included “playful parody” of Patagonia, but denied using the company’s branding, logo or font. “Drag is built on parody, puns and jokes,” Wiley said.
Patagonia’s social media accounts have since been flooded with comments from supporters of Pattie Gonia calling on the company to drop the lawsuit.
In a statement, Patagonia said it had made repeated attempts to reach an agreement. “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.
“This matter is not about seeking financial gain, nor is it about challenging anyone’s identity or right to advocacy, protest or creative expression. The last thing we wanted was a legal fight with someone who shares our values, but we must protect our business and employees.”
In 2022, Patagonia’s founder, Yvon Chouinard, transferred ownership of the company to a specially structured trust and non-profit organisation designed to direct all profits towards environmental causes. “As of now, Earth is our only shareholder,” the company said at the time.
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