Patagonia sues drag activist Pattie Gonia over trademark

Michael Hobbes266

Yeah it seems like the company has been incredibly chill about this. Using the name as satire is totally above board as a performer and activist, but if you're literally competing in their sector it's fair for the company to be like ummm, no

Kevin A67

The second you start trying to sell merch and file your own trademarks, you're pretty much demanding to be sued. Patagonia really cannot just let that slide.

There is no Buford, only Zuul52

They’re also only suing Pattie Gonia for a dollar

KC Says You Should Buy My Book32

i understand capitalism is bad and therefore we much always rail against corporations but it seems like patagonia is being OBSCENELY nice about the whole thing considering, they're not trying to bankrupt them they basically escalated to "we had to barely get the lawyers involved, please stop"

Dex Anderson16

that button, i believe, was fan-made, not something she put together.

amy brown14

she says that Pattie Gonia sticker was fan-made for what it’s worth

anna, journalist, get woke or DEI trying11

ok thanks for covering this, odd to side with patagonia but them suing for $1 is a pretty good indication they just want patty to stop ripping off their whole thing and go back to parodying their partial thing lol

Spider.10

... she literally did EVERYTHING that she agreed to NOT do in 2022, including using the specific font. Jeez.

bkosh849

Holy Christ she even used the same font.

Kirk Rudell8

I figured Patagonia had a valid case, given their corporate identity, but I was more sympathetic to Pattie and didn’t understand the full context until this thread. Thank you! If they let this go they open themselves up to a hundred less “virtuous” infringements on their trademark.

24,805 words7

Don’t forget: and attempt to do a deal with Patagonia’s competitor to make that clothing. North Face does this deal because they know it wrecks the mark of their competitor, not because they’re super interested in selling 25 t-shirts. I went mental on my own feed about this today.

SpiderHyphenMan7

We had a unanimous SCOTUS decision three years ago that companies can't trademark parodies of other companies' trademarked products!

Three👁️Eyed👁️Devil👁️3

Ah okay I see. If she was just using the name I don’t think this would be called for, it is just the name of a region in South America after all. But you can’t actually file your own trademark to do the same things they do.

DodgerFanLA2

I hate I’m pro IP law

This Is Exhausting2

I see a lot of folks making some pretty overbroad statements like "It's not parody if it's used for commercial gain" and "If she just hadn't tried to file a trademark, she would have been fine." None of these are accurate.

AkivaMCohen233

They literally cannot do anything but sue here, because Pattie tried to register "Pattie Gonia" as a trademark for apparel. If they don't sue over this, it would effectively end "Patagonia" as a functioning trademark - they would lose the right to sue other infringers. That's the law.

national emergency salt reserve206

also wild that they’re trying to claim exclusive rights to a name that is already the name of an entire region in South America. the fact that they’re explicitly targeting a drag queen in that context certainly does a lot more harm to their brand in my eyes than anything the delightful Pattie has.

Mitchell Epner167

To be really clear, Patagonia did not sue to stop Pattie Gonia, the drag queen, from using the stage name. Patagonia sued Pattie Gonia Productions to stop them from trademarking & selling Pattie Gonia apparel in competition - seeking damages of $1. storage.courtlistener.com/recap/gov.us...

sylvia50

I don't know the details, but I believe they're suing for $1.00, only because it's some kind of legal requirement to show that they're protecting their brand, rather than out of any actual grievance.

Ma-at48

Also Patagonia is a fucking place. I dont see anything on Patty’s web preferences that mimic the brands logo or anything specific to the brand. If you’re gonna name your company after an actual famous place, can you get mad when someone uses the same name?

JarekFA34

I think they’re legally required to do this. It’s not inherently anti-LGBT. They don’t want *anyone* appropriating their trade dress.

the actual complaint says “defendants applied for a trademark claiming the exclusive right to the brand PATTIE GONIA for, among other things, apparel…” If they didn’t sue for the whopping $1 they are claiming they’d lose their trademark completely.

Mike (beep boop era)20

lol RIP their brand. Pattie Gonia rules and this looks (is) sooooo bad on them

w⋆˚✿˖°16

ohhhh that pisses me off, Pattie does so much for environmentalism and advocating for our earth. Isn’t that pattagonia’s whole gimmick 😒

D.M. Schmeyer14

Said incredibly impactful drag queen didnt leave them a ton of choice, unfortunately.

Cee DiGioia13

So. Harmful./sarcasm Pattie is the Lorax incarnate, but go off, ya bunch of weirdos @patagonia.com I would like to see any of you'uns hike for a week in drag to raise a million for charity.

The Crows Say "ICE Delendum Est"10

Haven't they been pivoting pretty hard into providing gear for law enforcement orgs lately? I wouldn't be surprised if they're trying to shed off "liberal" associations due to their new target markets

PhoenixWomanMN 8

Did you read the complaint? It's only seeking $1 in damages because Patagonia has to file suit or it loses its trademark.

Birdpoof7

Oh no no, Pattie Gonia is absolutely in the wrong here.

James Huctwith7

Also, Patagonia (the geographical region) was there a long time before the company. This is like Nestle trying to sue Ethel Waters.

fidelioscabinet7

Doesn’t the region of South America get a vote here?

tsalaroth7

aren't they suing for $1 because of the legal implications of their trademark if they don't? I'm asking because this characterization is very different from yours and as a queer individual, I have no issue with them using a paper towel to pay homage to a shitty law.

Jim (Domestic Terroirist) Meyer6

Forming an opinion without seeking out the facts in the case is the very reason why the "Lady sues McDonald's over Hot Coffee" is STILL used by people as an example of a frivolous lawsuit. Hopefully, you'll read all the responses to your post, especially the ones from folks like Akiva.

Ruby Kobold ΔΘ 🌹6

Yeah, but they didn’t mean “activists” as in “doing something about it!” They meant “activists” as in “give us money for pretending to have morals!” easy mistake to make, apparently 😒

lmhinh.bsky.social6

I think you should read this thread with great non-lawyer explanation. bsky.app/profile/park...

Condor Puma Serpiente ಠ̯ಠ5

But but but but just think of the how the poor brand feels about all of this

Dawn Brening 🎙️4

It’s not about the name. It’s the logo and Pattie is sadly in the wrong here. The company has tried for years to work with Pattie in a way that was mutually beneficial and without harm. Pattie didn’t. business.cch.com/ipld/Patagon...

laabbbott.bsky.social4

This is not fair to assume Patagonia is not friendly to the LGBTQIA+ community. Read the trademark lawsuit. Patti tried to TM a very similar logo to sell clothing. Patagonia is not the villain. It’s a bad take to suggest as much.

SHAME ON THEM. I put Pattie's name in circulation in ways that could only benefit them and I regret now that I didn't barricade the notice from the brand. @patagonia.com

alison says reinstate Link!3

it's definitely a brand only for skinny people.

robin wonsley 4 mayor (i'm not her)3

makes me wonder if like, the name association has been brought up as part of whatever kind of negotiating patagonia does with the trump admin. not saying that as an excuse, but i can't see another reason to blow up your fuckin brand like that, (the current anti-LBGTQ+ climate also feels relevant).

Goth Rat Summer3

Patagonia is a location that they stole the name of first anyway!

AlisonAF3

Thank you for this information. Here's their contact page-- I'm telling them what I think.

Something Witty56

I'm a Pattie Gonia fan - but they really blew it here. The complaint lays out an agreement from 2022 and how it's being violated. The logo violations are particularly glaring. Parody is fine - commercialization is where there's a problem. Here's a trademark attorney: bsky.app/profile/lega...

CosmicRami 🏳️‍🌈🏳️‍⚧️42

It’s such a weird flex from them (resulting in a big Streisand Effect). Like who cares if someone has a similar name — it’s not gonna stop their products being sold at their stores, nor take their customers away. I actually really love this brand generally, but this is a huge misstep IMO.

Sarah Mead Leonard31

I generally love what Pattie does, but this is such a big mess. And I've found some of her response a bit disingenuous - like claiming the inspiration was "a region in South America... that predates both me and the clothing brand." Really? No intention at all to be pun on a famous outdoor brand?

Minnesotan Kaiju25

Yeah but that's not how it works. The idea of an apple is in the public domain but if I name my company Apple computer or apple cell phone there's going to be a lawsuit. You have to defend your brand under current laws and that's what they are doing

Mary Branscombe14

Patagonia trying very hard not to give up its leverage against Chinese sweatshops because an activist had really bad legal advice about registering their own trademark really doesn't land the same way, does it

Ivan Hodes8

Today I learned that Alaska Thunderfuck is not just a potent strain of weed but a drag queen

Theo7

It's not about the name; it's about merch like this.

Gino (The Manager)6

This is ahistorical and not a legal argument. Apple Records forced a settlement when Apple Computer started selling music.

Lizard5

That’s… not even wrong. en.wikipedia.org/wiki/Not_eve...

SleepingGiant4

Theyre suing because they directly ripped off the Patagonia logo, not because of the name jfc people

Rumpole of the Bayou3

Argentina & Chile should be able to sue Patagonia for infringement Same with Peru, Colombia & Brazil re Amazon

Fish Lady Abs2

“We stole that name first!” isn’t the slam dunk they think it is…

AkivaMCohen82

You can think that's stupid all you want to. I do; copyright doesn't have a similar requirement, and companies should be able to say "we are opting not to enforce" But that's not how trademark law works.

Chance the Lawyer17

Also there’s literally likelihood of confusion under their theory because they are so LGBTQ 🏳️‍🌈 friendly, which most people are not getting. 😵‍💫

Dan Izzo10

Yeah they've given her an degree of leeway over the years that basically no other company would have. And then she went and did pretty much the ONE thing that left them with no other choice but to sue.

Joecaber6

Is this the reason Susan Koman sues so many minor cancer fundraisers for using the phrase "walk for a cure" or the display of a pink ribbon? I alway disagreed with their aggressive enforcement of their trademarks and copyrights. This puts it all in a new light for me.

Ben11

They are suing for $1 + legal fees and they asked multiple times for her to stop. It doesn’t feel like Patagonia is in the wrong here….

BAB8

Patagonia is a place before it's a company. The company has experienced a lot of good pr recently, and this will wreck it if they persist.

PhysicsChris4

OK if you want to call yourself after a region or place or something else that exists but then expect others to do the same. Trademarking that word should not be allowed. 1 word against 2 words and not even the same letters. It baffles me.

Kathryn Tewson4

Pattie filed for a competing trademark in the same class. Patagonia truly must defend here or they lose the ability to enforce their mark against counterfeiters.

Allen3D17

Reading the complaint it looks like Patagonia tried to work with her, and just didn't want her using their logo. They had been warning her for years and trying to resolve it.

Mindy Weisberger9

Leaving up my original post but adding this thread for context; while wasteful, vindictive corporate lawsuits are certainly real, that may not be the case here

BEFH5

It's about their logo that she's adapted and trademarked to sell merch. They absolutely have to do this if they want to keep their trademark, especially since parody protections for trademarks were recently weakened. That said, I hope patty wins

ushmel86

Please read the article. The problem is the clothing store.

Zac!72

The reading comprehension in these replies is astoundingly bad.

Andrew Rothstein38

The law very explicitly says they do, and she doubled down and filed a trademark for outdoor gear that absolutely would cause confusion and or dilution.

anonymous-76.bsky.social35

So, the company takes the name of a region in Argentina and Chile and gets pissed when someone else does too? Perhaps Argentina should sue the company.

pushtoactivate26

Being a drag queen environmentalist with good intentions has nothing to do with Patagonia filing a suit to protect the brand. It’s a wise business decision. They’d be remiss if they didn’t.

H4zy8

@patagonia.com you don’t have to, but you are.

Do one good thing8

If Pattie got a trademark I am betting she would sue if someone filed a trademark for Patty Gonia.

Gardener, Landscaper, Tester, Builder6

It's neither a brand conflict nor erasure. It's capitalism and laws written to favor the rich.

Annie6

Well you don’t have to do it, you could use the leverage to be nice instead 🤷‍♀️

Cognitum5

Well Fuck patagonia as well. #boycotteverything

Weed Monger 𝚅𝚊𝚖𝚙𝚒𝚛𝚎3

That isn't how parody works you fucking assholes! You can own your own stuff but not a joke version of your stuff. Fucking losers

SCAustin2

God help the person that name their company "Asia"

jimothy2

please know that patagonia is just another outdoor brand, they contract with the military, and most of their environmentalism is greenwashing bullshit

Peace Frog2

all I know is I'm no longer considering Patagonia products for purchase because any idiot can tell the difference between a $800 piece of outdoor gear and a drag queen

Mike Fennelly9

I fondly recall Kinko's training, where we were told to correct anyone who asked for something to be "Xeroxed". They got annoyed when I pointed out half our machines WERE Xerox.

Grüfeson Derhardt4

Lotsa thoughts on this. Here’s one: the black profile of the mountain landscape for Pattie seems to be the Patagonia mountain landscape in reverse. Minimal change to differentiate. She coulda instead dragged it up more to give the illusion of a mountain landscape yet be the nose & lips of a woman

nikki stan account6

wait are we not on pattie's side anymore...

charlie “no pun” tractor5

still the perfect time to rebrand to Ari Eye for the bit though

Vanity Complex4

Yeah that was my thought too 😬 i hate corps, but she is in the wrong here i fear 😖

Princess of Long Island3

They gave her so many chances to not do copyright infringement and she kept doing it and it’s like girl come onnnnn

Mikey 🕺3

like this still objectively sucks that a queer artist is being sued by a corporation, but like that is in fact a copy written font and logo…everything is legal

Ri Chi2

What did you find out?

Breezy Colomb2

Like isn’t it a literally a requirement to zealously protect your copyright in order to maintain it? This is like when Ringo had to sue a sex toy company about their O ring name. I don’t think Ringo is anti sex toy, but thems the brakes.