Outdoor gear brand Patagonia has filed suit against a drag performer and LGBTQ activist named Pattie Gonia for peddling merch which the company says rips off its highly recognizable brand markings.
The high end outdoor brand — beloved by day hikers and finance bros — alleges the drag queen has caused “irreparable” damage by trading on the company’s logo.
Pattie Gonia, whose real name is Wyn Wiley, came to an agreement with the company in 2022 that he would respect the brand’s trademarks — but then turned around and filed an application with the US Patent and Trademark Office to use the “Pattie Gonia” brand for a host of commercial endeavors two years later, according to court docs.
Wiley’s trademark application shows he intends to “launch a wide-ranging commercial enterprise under the PATTIE GONIA brand” including apparel sales, and using the name to promote his upcoming shows and appearances, according to the complaint filed Wednesday in US District Court for the Central District of California obtained by Bloomberg Law.
The trademark application “reflects a departure” from the drag performer’s agreement to use his name for activism, Patagonia alleged.
Emails exchanged between Wiley and Patagonia from 2022 reveal that the company specifically asked he refrain from using their logos “or any substantially similar designs,” including Patagonia’s familiar Belwe font.
After learning of the launch of Wiley’s e-commerce store, which included apparel and stickers for sale reading “Pattie Gonia Hiking Club” and a sticker bearing his drag name using the brand’s font and silhouetted mountain peak logo, the brand’s lawyers reached out again last February, the lawsuit says.
“Patagonia remains supportive of your work but must insist that the Pattie Gonia persona not be commercialized and continue to adhere to the commitments made in 2022,” the email reads.
“Unfortunately, these latest product sales force Patagonia’s hand and so I’m asking that you discontinue sales of t-shirts and stickers (or any product) using Pattie Gonia branding or designs substantially similar to Patagonia’s logos.”
Wiley and his business partner responded a few days later, saying they “have never and will never reference the brand Patagonia’s logo or brand,” insisting there was “plenty of room” for both Patagonia and Pattie Gonia to “play in this box.”
According to the lawsuit, the drag queen’s team dismissively added that they “trust Patagonia will stay on their side and we will stay on ours.”
Patagonia lawyers followed up about a month later requesting a meeting to discuss “a way forward” between the sides but Wiley did not respond, and continued “to use and display Patagonia’s logos,” according to the complaint.
It was at that point the brand said it realized Wiley would continue to flout their 2022 agreement.
“While Patagonia seeks only nominal monetary damages, the harm Pattie Gonia has caused and will cause to the PATAGONIA brand is irreparable and cannot be remedied by money damages or other remedies short of an injunction,” the complaint reads.
Among the “harms” the company claims they’ve been subject to due to Wiley’s continued use of their brand markers include “depriving Patagonia of control over how and to what purpose its trademark is used,” and “causing the public to falsely associate Patagonia with Pattie Gonia.”
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