Outdoor apparel leader Patagonia has initiated a lawsuit against environmental drag performer Pattie Gonia, accusing the activist of trademark infringement over the use of a cleverly inspired name and associated merchandise.
Wyn Wiley, the persona behind Pattie Gonia, has garnered a substantial online following through dedicated environmental advocacy and fundraising efforts, successfully amassing nearly $4 million for various nonprofit organizations.
In a remarkable feat last year, Wiley managed to raise $1 million by undertaking a 100-mile hike in full drag attire, traversing from Point Reyes National Seashore to San Francisco.
Patagonia, which derives its name from the expansive region covering parts of Argentina and Chile, filed the lawsuit against Wiley in a Los Angeles federal court on January 21.
The company, seeking a symbolic $1 in damages along with legal costs, decided to act after Wiley submitted a trademark application in September. This application aimed to use the Pattie Gonia brand for selling apparel and promoting environmental initiatives, a move Patagonia argues could cause significant damage to its established brand.
“Although we were reluctant to take this step—and have engaged with Pattie over several years to avoid it—it has become crucial to defend the brand we have meticulously built over the past five decades,” Patagonia stated 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 in a video posted on Instagram and shared a letter sent to Patagonia’s board asking the company to drop the legal action.
Outdoor clothing giant Patagonia has launched a trademark infringement lawsuit against environmentalist drag queen Pattie Gonia (pictured) over the use of the activist’s pun-inspired name and branded merchandise
Wyn Wiley, who performs as Pattie Gonia, has built up millions of followers online through environmental activism and fundraising campaigns, raising almost $4million for non-profits
‘This is a betrayal of Patagonia’s core mission. Because if they’re ‘in business to save the home planet’, why are they suing a climate activist?’ Wiley said.
‘Over the last four months since the lawsuit was filed, I have stayed silent and worked every channel I had to resolve this without going to court.
‘But in the end, I had two choices. The erasure of my name, my advocacy, my community, and everyone I employ. Or fight for myself and fight for us.’
Wiley said that although Patagonia was only suing for $1, the legal fees involved in defending the case would be far more costly.
‘This is not a brand conflict,’ Wiley added. ‘This is a corporation trying to erase an activist.
‘This is how corporations bully individuals who cannot match their resources.’
Wiley acknowledged previous merchandise involved ‘playful parody’ of Patagonia, but denied ever using the company’s branding, logo or font, adding: ‘Drag is built on parody, puns and jokes.’
Patagonia’s social media accounts have since been flooded with comments from Pattie Gonia supporters urging the company to abandon the lawsuit.
In a statement to the Guardian, Patagonia said: ‘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.’
‘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. Unfortunately, we could not reach an agreement.’
The company added: ‘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.’
