As drag has risen in pop culture, trademark law has become an unlikely topic of conversation. Most recently, on May 27, Pattie Gonia, an internet-famous drag queen and environmental activist, urged her more than 1.8 million social-media followers to ask Patagonia to drop its lawsuit.
Patagonia is a California-based company that makes climbing apparel and sportswear. The brand has used the Patagonia name on its clothing since the early 1970s, taking its name from the Patagonia region of southern Argentina and Chile. The company owns a series of trademarks at issue, including PATAGONIA in Registration Number 1189402 for certain clothing and in Registration Number 6665425 for education and entertainment services related to events on environmental issues.
Pattie Gonia is the drag queen alter ego of Nebraska-born Wyn Wiley, owner of Entrepreneur Enterprises Inc. (d/b/a Pattie Gonia Productions). Wiley first adopted the Pattie Gonia persona in October 2018 in a video promoting outdoor activism, and the character has since risen to international fame. In 2024, Wiley began selling Pattie Gonia merchandise, including t-shirts and stickers, through his website, and he has completed several tours under the Pattie Gonia name. Entrepreneur Enterprises filed an application, Serial Number 99404728, in 2025 to register PATTIE GONIA as a trademark for goods and services, including clothing and entertainment services.
Link to The Dispute The Dispute
In January 2026, Patagonia filed a complaint against Entrepreneur Enterprises, Inc. and Wyn Wiley, alleging, among other claims, federal trademark infringement under 15 U.S.C. §§ 1114-1117. The complaint asserts that the use of PATTIE GONIA is likely to cause consumer confusion with Patagonia’s registered marks. Across all claims, Patagonia seeks nominal damages of $1, attorneys’ fees, an injunction barring further use of the PATTIE GONIA mark and similar designs, and an order blocking the trademark application.
In April, Wiley answered the complaint, denying the allegations and asserting 12 affirmative defenses, including protection under the First Amendment and the Rogers v. Grimaldi doctrine covering expressive works.
Link to Considerations for the Court Considerations for the Court
Under Rogers v. Grimaldi, a trademark infringement claim targeting an expressive work must be dismissed unless the complainant (here, Patagonia) can show either (1) that the challenged use of a mark “has no artistic relevance to the underlying work” or (2) that it “explicitly misleads as to the source or the content of the work.” This test, however, as the Supreme Court held in Jack Daniel’s Properties v. VIP Products LLC and as we discussed in our blog post on June 9, 2023, does not protect using a parody as a brand name.
Some facts place Wiley under the protection of Rogers. For instance, Wiley’s cheeky clothing accoutrements or fan-made apparel that mimic Patagonia’s logo have never been for sale. However, Wiley’s intent to register PATTIE GONIA as a trademark and to use the mark as a source indicator for stickers, shirts, and tours likely prevent protection under Rogers.
Should Rogers not apply, a likelihood-of-confusion analysis follows. Ninth Circuit courts weigh likelihood-of-confusion through eight Sleekcraft factors, but three tend to drive the result: (1) the strength of the plaintiff’s mark; (2) the degree of similarity between the marks; and (3) the proximity of the products. As in Jack Daniel’s, parody is not a separate consideration; rather, a successful parody is one that, under these factors, would not be confused with the original. No side needs all of the factors in their favor, but the court must weigh them to arrive at its judgment. The parties’ initial filings suggest the following considerations with respect to three key factors:
- Strength of the plaintiff’s mark – favors Patagonia. Although the Patagonia mark references a widely known South American region, it is distinctive and long-standing in the U.S. apparel market with few similar marks crowding the field.
- Degree of similarity between the marks – favors Patagonia. Patagonia owns a word mark, so use of the word, however it is styled, could constitute infringement, and in sight and sound, PATAGONIA and PATTIE GONIA are similar.
- Proximity of the products – close call. Both parties sell shirts and stickers and stage environmental-themed events, so the products overlap on their face. However, Wiley’s apparel line has been discontinued, and his drag performances overlap with Patagonia’s environmental events in theme alone since the brand has never taken the stage in heels and a wig.
Based on the initial filings, the factors appear to favor Patagonia. However, as Wiley argues, who would confuse a drag queen with a global brand? On the current scheduling order, the court likely won’t get to this question until at least mid-2027.
Link to Beyond the Bench Beyond the Bench
Patagonia risks losing its trademark. A single lookalike may not seem destructive, but every unchallenged use chips away at what the brand stands for. To protect their rights, companies must police infringement.
Pattie Gonia stands to lose earnings. If the court limits commercial use of the Pattie Gonia name, the loss of revenue could threaten Wiley’s ability to make a living and fund environmental work.
Drag culture could shift. As the art form goes mainstream, more performers are expanding into merchandise sales, so a ruling for Patagonia would change the ways in which many of them name and market themselves.
Whatever the outcome, the decision could reshape how brands and drag performers across the country protect and present their names.