Drag queen Pattie Gonia refuses Patagonia’s offer to resolve trademark infringement lawsuit

"There’s a lot going around about the lawsuit we filed in January to protect our trademarks, and we owe you an update," Patagonia wrote in a social media post on Sunday.

"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 said it would resolve the lawsuit if the drag queen agrees to withdraw "all trademark applications," cease using the brand’s longtime logo, and cease "selling and promoting apparel and other products as Pattie Gonia."

"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," the statement concluded.

The drag queen responded in a statement to social media on Monday evening, writing, "Patagonia just posted their 'offer' to settle. When I told you that they were trying to erase my advocacy, their bullet #3 is what I was talking about: 'Stopselling and promoting apparel and other products as Pattie Gonia.'"

"Patagonia is not just talking about my upcycled t-shirt merch in that bullet point. They’re talking about the partnership work with other brands that I’ve done for years to pay for the education, advocacy and activism that me and my team do," the drag queen wrote. "If I can’t do partnerships as Pattie Gonia, it breaks the whole ecosystem of advocacy and community engagement. And they understand this because their work is built on the exact same model - advocacy work funneled through commercial work."

"Bullet points #1 and #2 - I’ve already said I would agree to. Bullet #3 - absolutely not. No deal, Patagonia," the drag queen concluded.

Patagonia sued the drag queen in January over a trademark application filed by Pattie Gonia, whose real name is Wyn Wiley, alleging that it will "confuse consumers" and cause irreparable harm to the brand. The brand said that the products and services for which Wiley applied for a trademark "compete directly with the products and advocacy upon which Patagonia built its Patagonia brand for over the last fifty-three years."

The company claimed that they had reached out to Pattie Gonia and it was "understood that the parties had reached agreement about how that advocacy work might continue in a way that would not interfere with Patagonia’s brand." This agreement, the filing stated, has not been honored.

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