Pattie Gonia, a renown drag artist and environmentalist, responds to Patagonia's trademark lawsuit: "Drop it." Credit: Samuel Crossley

Pattie Gonia ain’t goin’ nowhere.

A nationally touring drag artist, entrepreneur, LGBTQ activist and environmentalist, Bend-based Pattie Gonia broke her silence May 27 about the federal lawsuit Patagonia, the clothing company, filed against her for trademark infringement in January.

The outdoor brand is suing for $1 in damages, along with demanding that Wyn Wiley, a Bend resident, stop performing as Pattie Gonia.

Quelle horreur!

In an open letter posted to social media and her website, Pattie wrote: “Patagonia told the media they’re only suing me for $1. What they’re actually trying to do is take away my name permanently and threaten me with more than $1million in legal fees.

“This is not a brand conflict. This is a corporation trying to erase an activist. This is how corporations bully individuals who cannot match their resources.”

The two parties have a scheduling conference on June 8. An attorney has been acting on behalf of Wiley’s company, Entrepreneur Enterprises, while Pattie’s on tour.

The Source reported the lawsuit earlier this year, noting the monetary damage of $1 and that lawsuit would complicate the 20-stop, national drag show tour Pattie is currently on, along with other money-making activities. (At press time, Pattie is performing in Philadelphia, according to the tour schedule.)

Patagonia filed the lawsuit in the U.S. District Court of the District of Central California because the clothing company is headquartered in Ventura. Wiley had performed in character in the district, also selling branded gear at merch tables and appearing in several episodes of “Go Gently,” which Pattie hosted and filmed there.

Pattie Gonia, né Wyn Wiley, is based in Bend. Credit: Evan Benally Atwood

In her open letter, Pattie says that changing her stage name would destroy her brand recognition, winnow her activist and career opportunities and deprive her employees of their livelihoods.

“…I’m fighting, and I’m inviting you to join me in a simple call to action: Patagonia, drop the lawsuit,” Pattie wrote. “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?”

The crux of the issue lies with the cheeky alias that Wiley assumed as an ironic — and now-iconic — stage moniker in 2018. Punny, irreverent, code-switching names are de rigueur in drag tradition. However, that underground sensibility has come up against the no-nonsense reality of intellectual property law, which requires a holder to defend its IP against appropriations deemed diluting or threatening, according to the U.S. Patent & Trademark Office. A potential result of this lawsuit could be Pattie and Patagonia entering into a trademark coexistence agreement, just as Apple Computers and Apple Corps, the record label founded by the Beatles, entered into in 1991.

In its complaint, Patagonia cites examples of Pattie’s fan art that appropriates its mountainous logo, along with clothing merchandise that reads “Pattie Gonia” as examples of trademark infringement, along with overlapping initiatives, such as environmentalism and LGBTQ activism that may confuse the public.

In her open letter, Pattie encourages supporters to write to Patagonia, yet she urges decency. She also tells fans to not single out Patagonia employees.

For more context, read “Pattie Gonia Sued by Patagonia for Trademark Infringement.”

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Peter is a feature & investigative reporter supported by the Lay It Out Foundation. His work regularly appears in the Source. Peter's writing has appeared in Vice, Thrasher and The New York Times....

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2 Comments

  1. She is clearly using the trade name that the Patagonia brand has built up over the years to her own economic benefit. What other reason would she have for using the stage name she chose? Patagonia is an outdoor apparel company, and she is an outdoor advocate; is that a justification? She would not be facing any legal fees if she simply changed her stage name to something that does not try to ‘coat-tail’ a famous brand.

  2. Dear Pattie,
    This is a fan letter yes. I love seeing you on fb and reels…I love you for choosing the name Patagonia because everyone… knows that Patagonia is a mountaious place in S. America, long before a sporting goods company chose it as their handle. As a free person on Planet earth, I am also free to use the name Patty Gonia, or even Patti Gonia or Pati Gonia, or Pat A. Gonia, if I wish. It just sounds better than “Ginger Snap” I agree. So sue me. It seems you may have given the sportswear co. (which is top notch, excepting this suit) a whole lot of publicity. Personally, I feel you have given them lots of free advertising, although I wish they were supporting you, and then it would be GOOD for them and you.
    Finally, in closing I just want to say that it is always what is inside your heart that counts, and your heart is big and helps to hold together the Earth and Sky, which equals our enviornment. Your heart is always on your sleeve. I understand that this lawsuit was only for $1.00, but what is the point if the legal fees end up being $1 MILLION? You gives jobs to people and want to keep it that way, and personally I do not feel selling recycled tees, hoodies and stickers will confuse customers of the Patagonia clothing line. I hope an agreement can be reached. I cannot imagine Patagonia Sportswear or Pattie Gonia being mistaken for oil companies or hate groups either. You will always have a welcome to our house if you are near to Sac. CA.
    Your friend in the Blue and Green,

    Love,
    mickeymolliegumby

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