Outdoor apparel company Patagonia has filed a trademark infringement lawsuit against environmentalist drag performer Pattie Gonia in a Los Angeles federal court.
The lawsuit, filed on January 21, stems from a trademark application submitted in September by Wyn Wiley, who performs as Pattie Gonia, to use the name for apparel sales and environmental advocacy promotions.
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Patagonia is seeking a nominal $1 in damages plus legal fees, arguing that Wiley's brand usage would cause irreparable harm to the company's identity built over the last 50 years.
"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," Patagonia said.
The company indicated that conversations over several years included multiple proposals intended to support Wiley's career while protecting corporate intellectual property.
"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," Patagonia added.
The outdoor clothing manufacturer noted that the legal action was not pursued for financial gain or to challenge anyone's identity or right to creative expression.
"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," Patagonia said.
Company representatives added that a legal battle was the last option desired against an individual who shares their environmental preservation values.
"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," Patagonia said.
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Wiley responded publicly on Instagram by sending a letter to Patagonia's board of directors requesting the immediate dismissal of the lawsuit.
"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?"
Wyn Wiley said.
The activist stated that silence was maintained for four months while trying to resolve the issue through every available channel before deciding to fight back.
"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," Wyn Wiley said.
Wiley argued that despite the nominal $1 damage claim, the financial burden required to legally defend the drag name would cost significantly more.
"This is not a brand conflict," Wyn Wiley said.
The performer criticized corporate behavior, characterizing the lawsuit as an attempt by a well-resourced corporation to erase an individual activist.
"This is a corporation trying to erase an activist. This is how corporations bully individuals who cannot match their resources," Wyn Wiley said.
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Wiley has accumulated millions of online followers and raised nearly $4 million for non-profits, including $1 million during a 100-mile drag hike from Point Reyes national seashore to San Francisco.
