Outdoor apparel company Patagonia has demanded that drag queen and climate activist Wyn Wiley, known as Pattie Gonia, withdraw all trademark applications to settle an ongoing federal lawsuit filed in Los Angeles.
The legal dispute escalated after Wiley publicly addressed the January lawsuit for the first time, prompting Patagonia to issue an Instagram update outlining conditions for resolution.
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According to the lawsuit, Patagonia alleges that Wiley's trademark application competes directly with its products and advocacy, causing irreparable damage to the established brand.
The company claims the performer violated a prior agreement regarding the use of the Pattie Gonia name, including utilizing fonts and designs similar to Patagonia's official logo.
Patagonia is seeking a nominal $1 plus legal fees to halt the registration, stating it would protect its business regardless of whether the performer shares its environmental values.
The brand addressed public backlash following Wiley's recent social media posts about the legal action.
"There's a lot going around about the lawsuit we filed in January to protect our trademarks, and we owe you an update," Patagonia stated.
The firm acknowledged the impact of the legal fight on the community while maintaining its stance on brand protection.
"We wish this lawsuit had not been necessary, and we want to acknowledge any hurt it has caused, especially in the LGBTQ+ community.
We don't want to argue trademark law on social media. Importantly, we continue to want to resolve this," the company added.
Patagonia proposed that the performer could continue acting and advocating if specific commercial terms are met.
"If we can agree on this, we can work out everything else, and Pattie Gonia could continue as a performer and activist.
We share common ground with them, including the goal of saving our home planet and creating a more inclusive outdoors," Patagonia stated.
Wiley, an Oregon-based performer who has raised $3.7 million for environmental causes, strongly criticized the company's executive leadership and legal strategy.
"If Patagonia wants to celebrate Pride Month this year by taking a queer climate activist to federal court, then I'm here to fight for myself," Wiley said.
The advocate claimed the legal action threatens the livelihoods of those employed by the drag persona.
"The erasure of my name, my advocacy, my community," Wiley said.
Wiley also stated that the lawsuit felt like an extreme measure from Patagonia's corporate executives.
"I must cease to exist," Wiley said.
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In a recent video, Wiley challenged claims made by Patagonia CEO Ryan Gellert at an industry conference regarding communication attempts.
"This is straight-up lies," Wiley claimed.
Wiley argued that Patagonia failed to initiate a dialogue before filing the formal lawsuit.
"Because the first time we heard from Patagonia after filing our trademark application was four months later, when their internal lawyer emailed to say that Patagonia had filed the lawsuit against me for trademark infringement.
So there was no conversation, not because I wasn't willing to have it, but because Patagonia, you never reached out.
You blindsided us," Wiley stated.
The performer noted that an examining attorney initially found the application appropriate.
"Not confusingly similar to Patagonia's mark," Wiley said.
Wiley expressed openness to dropping the trademark if Patagonia dismisses the legal action entirely.
"Patagonia, from the beginning, all I've wanted is peace, and I don't think you're entitled to what I'm about to do, and you certainly don't deserve it for your extremely disappointing behaviour.
You're saying the issue is the trademark, I'm willing to drop the trademark, and if I do that, you drop the lawsuit," Wiley continued.
Wiley concluded by questioning the true motivations of the apparel brand if the lawsuit persists.
"So, if this is true, that it's about the trademark, then you'll drop the lawsuit. But if you don't, we'll know what this is really about.
Patagonia is trying to erase my identity and my whole community's activism," Wiley said.
Patagonia maintained that the legal action was a necessary corporate response to protect its business assets.
"The last thing we wanted was a legal fight with someone who shares our values," Patagonia told the BBC.
During an industry conference, Patagonia CEO Ryan Gellert defended the company's intentions regarding the ongoing dispute.
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"The issue that we're wrestling with isn't about trying to silence somebody. The issue that we're wrestling with is not trying to take somebody's identity away," Gellert said.
