Drag queen Pattie Gonia publicly rejects proposal from Patagonia on trademark lawsuit
Drag queen Pattie Gonia has publicly rejected a proposal from outdoor gear and apparel brand Patagonia, which the company said would help "resolve" the brand's trademark infringement lawsuit against the performer.
"No deal, Patagonia," the drag queen wrote in an Instagram post on Monday.
Earlier on Monday, Patagonia had shared on Instagram the three conditions it said needed to be met in order for the two parties to move toward a resolution, specifically asking the entertainer to "withdraw all trademark applications," to stop using its logos, and to cease any sale and promotion of "apparel and other products as Pattie Gonia."
"We wish this lawsuit had not been necessary, and we want to acknowledge any hurt it has caused, especially in the LGBTQ+ community," the brand wrote.
It added, "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."
In their Instagram response, Pattie Gonia said they had already agreed to the first two conditions but specifically took issue with the third, regarding product sales and promotion.
"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," they wrote.
They continued, "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 funded through commercial work."
ABC News has reached out to Pattie Gonia and Patagonia for comment.
Last week, Pattie Gonia, the drag persona of Wyn Wiley, spoke out about the ongoing legal battle with Patagonia, calling on the company to drop its trademark infringement lawsuit, likening it to "a corporation trying to erase an activist."
"What they're actually trying to do is take away my name permanently and threaten me with more than $1M million dollars in legal fees," they wrote on Instagram at the time.
The California-based outdoor apparel brand first filed suit against the drag queen in January of this year after they applied to trademark the name "Pattie Gonia."
In its suit, the company accused the entertainer of selling Pattie Gonia merchandise, including products with what it describes as similar designs to the company's own logos. The company said those similarities had confused consumers and breached a 2022 agreement between Pattie Gonia and the outdoor brand.
The clothing company alleges the entertainer's trademark application "reflects Pattie Gonia's departure from discrete use of a persona to engage in activism and confirms Defendants' intent instead to launch a wide-ranging commercial enterprise under the PATTIE GONIA brand."
Among other complaints, the lawsuit accused Pattie Gonia of trademark infringement and federal dilution of its famous mark.
Patagonia is seeking damages of $1, plus attorneys' fees and an order blocking the performer's use of the Pattie Gonia trademark.
In a January statement, around the time the lawsuit was filed, the company said it wished "we didn't have to do this."
The company said the entertainer's attempt to trademark the brand "Pattie Gonia" would "directly overlap with the work we do and the products we provide -- for which we have longstanding rights and trademark registrations."
Pattie Gonia, who champions climate activism, has claimed that the lawsuit, if successful, "would take away not only my activism and my career, but also the livelihoods of the team I employ."
The performer wrote in a statement shared to Instagram on May 27 that the lawsuit has left them only two choices: erasing "my name, my advocacy, my community, and everyone I employ" or fighting.
"I'm fighting, and I'm inviting you to join me in a simple call to action: Patagonia, drop the lawsuit," the performer said then.
Pattie Gonia acknowledged entering into an agreement with the company in 2022 but said it "wasn't a broad agreement about my future."
The entertainer said filing the trademark application was about protecting the Pattie Gonia likeness from anyone else who may want to use it, "not because of Patagonia."
The performer also criticized Patagonia's decision to choose "this exact moment, the height of anti-LGBTQ+ politics and attacks on the environment, to sue me."
Pattie Gonia also shared a video mirroring the written statement the same day.
In an open letter to the company posted on Pattie Gonia's website, the performer wrote that once the lawsuit was filed, "I started immediately pursuing an amicable settlement."
The letter continued, "This lawsuit serves no good purpose. Let's make peace and get back to our common love of the planet including our namesake region in South America named Patagonia."
In an earlier statement on May 27, Patagonia said it had attempted to "find a path forward that would allow Pattie Gonia to continue their work while also protecting the Patagonia trademark. "
"Unfortunately, we could not reach an agreement," it said at the time.
The company said it had a "responsibility" to protect the trademark, stating that the lawsuit was not for "financial gain."
"The last thing we wanted was a legal fight with someone who shares our values, but we must protect our business and employees," the company added in its May 27 statement.
