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Outdoor clothing and gear retailer Patagonia Popular drag queen Patti Gonia is suing for copyright infringement, claiming that in addition to brand similarities, the play on her name has caused “confusion and deception” among consumers.
In court documents filed Wednesday in California federal court, independentPatagonia claims that Pattie Gonia recently applied for exclusive rights to the PATTIE GONIA brand, which is intended to cover its advocacy work, apparel, public awareness and motivational speaking services, support for environmental sustainability and LGBTQIA2S+ equality, and more, “directly with Patagonia has built its PATAGONIA brand products and communications over the past fifty-three years“.
“The trademark application reflects Pattie Gonia’s move away from using her persona alone to engage in activism and confirms defendants’ intent to instead launch a broad commercial enterprise under the PATTIE GONIA brand,” the filing reads.
The clothing brand claims The two parties had previously reached an agreement on how Pattie Gonia’s “promotional efforts can continue in a manner that does not interfere with the Patagonia brand.”
“However, Pattie GONIA has not complied with that agreement and now seeks exclusive ownership of the PATTIE GONIA trademark for the purpose of commercializing products, endorsements, marketing campaigns and publicity,” the filing states. “For all of these reasons, Patagonia must protect its iconic trademarks even if it supports or agrees with Pattie GONIA’s views, messages or goals.”
Patagonia published photos of Pattie Gonia promoting merchandise bearing its trademark, which the company said was “nearly identical to the Patagonia word mark.”
Patagonia claimed that “consumers have been confused as to whether PATTIE GONIA is affiliated with Patagonia,” and provided screenshots of comments on PATTIE GONIA’s social media posts. One read: “I really think this is a Patagonia ad for too long… huh?”
“The PATTIE GONIA trademark and Pattie Gonia products risk diluting Patagonia’s famous and distinctive marks by diluting Patagonia’s distinctiveness and unique association with Patagonia,” the filing adds. “Patagonia has no choice but to protect its goodwill and famous trademarks by obtaining an injunction restraining Pattie GONIA from further use of the PATTIE GONIA trademark and related designs.”
Patagonia is seeking a jury trial and “nominal monetary damages” of $1, saying: “The harm Pattie Gonia has caused and will cause to the Patagonia brand is irreparable and cannot be remedied by monetary damages or other remedies other than an injunction.”
independent Patti Gonia has been contacted for comment.