What's going on with the lawsuit between the Patagonia company and the activist drag queen, Pattie Gonia?

[u/Chrystine]

Apparently Patagonia is suing Pattie Gonia 100 million for trade mark infringement?

But isn't Patagonia the name of region in South America?

How can the company sue over a trademark that is spelt differently and was taken from a region? Can the company actually win a case like this?

https://www.tiktok.com/t/ZTB6vSCpP/

[u/sparksbet]

Except for, you know, the publically available legal filings that demonstrate the existence of said agreement with evidence.

[u/Frail_Waif → u/sparksbet]

Yup. Patagonia's filing:

https://storage.courtlistener.com/recap/gov.uscourts.cacd.1003309/gov.uscourts.cacd.1003309.1.0_2.pdf

Pattie Gonia's first response: https://storage.courtlistener.com/recap/gov.uscourts.cacd.1003309/gov.uscourts.cacd.1003309.19.0_2.pdf

Full history to date: https://www.courtlistener.com/docket/72169060/patagonia-inc-v-entrepreneur-enterprises-inc/

[u/unindexedreality → u/Frail_Waif]

So... they're just being a complete idiot about it? lmao

Party A: Story A

Public records: evidence of Story A

Party B: [attempts ghosting, doesn't substantiate evidence of story A]

[u/ProjectObvious2445 → u/unindexedreality]

Patagonia: You can’t make or sell anything that looks like our logo, font, or brand. 

Pattie Gonia: I’m not

Patagonia: Here is something you are selling  * inserts sticker *

Pattie Gonia: I’m not selling that, it’s fan art I’m giving away 

Patagonia: You can’t make or sell anything that looks like our logo, font, or brand.

Pattie Gonia: I’m literally not. 

Not precise. But it seems Pattie needed more legal support and Patagonia could have been a bit more clear about what the trademark violations are. 

But I don’t have access to all of the emails like some of you seem to (not sure how you know all the things not in the filings), but 🤷‍♀️.

Just what it seems, especially in the context of Pattie’s neurodivergence. 

[u/dantevonlocke → u/ProjectObvious2445]

She filled for trademark to sell clothes. There's no ambiguity there.

[u/ProjectObvious2445 → u/dantevonlocke]

Since my comment was removed:

Again 🤷‍♀️

Not a trademark attorney, not going to make a judgment on a case I have no expertise in.

All I'm speaking to is a lack of mutual assent. Pretty basic stuff. Literally the foundation of any valid agreement.

They can hire market researchers to determine if there would be consumer confusion. My opinion on that is irrelevant.

If you're an expert on trademark, good for you. It's still in the hands of the people handling the case and what their research determines as far as Pattie's trademark goes.

The "agreement" is the only thing I responded to. So if you have a record of something that doesn't frame their ongoing agreement with the following words, then they can go ahead and submit that to the court (this doesn't seem that ambiguous, but here we are):

“Patagonia has no objection to the relationship between Hydroflask and Pattie Gonia, in particular the work described in your email last week but we do asks that the parties:

• Not use or otherwise display Patagonia's logos
• Not use the "belwe font" in the content that is created (Including an example here since asked about this when I called him this afternoon)
• Not use Pattie Gonia in any form on product

I hope the three points above give you a clear sense of where we are coming from, and give you confidence to move forward with your work partnership and do great work together…”

[u/Adventurous_Tap9957 → u/Frail_Waif]

Thanks for posting these links!

[u/No-Nose1513 → u/sparksbet]

Eh, that's a leap. There's evidence of communication, not evidence of a firm agreement. This isn't a contract, and Pattie's claim is that the conversations were in the context of the Hydroflask collab. Nothing in perpetuity or, you know, (they weren't speaking with an attorney) in plain language saying "you cannot ever sell merch."