Patagonia in the wilderness with suit against drag queen, legal experts say
May 28-A drag queen and climate activist from Oregon set the internet afire after speaking out about a lawsuit filed against her accusing her of trademark infringement. But SFGATE spoke to lawyers who aren't convinced of the lawsuit's merit.
On Wednesday, Wyn Wiley, who goes by the stage name Pattie Gonia, took to social media to ask the public's help in urging Patagonia Inc., an outdoor recreation brand known for selling performance gear, apparel and accessories, to drop a trademark infringement lawsuit the company filed in January. In the video, Wiley said that though the company is suing for just $1, it could lead to over $1 million in legal fees if the complaint proceeds.
"Since the lawsuit was filed, I've stayed silent, courteous, and worked every channel I could to resolve this without going to court," Wiley said on TikTok. "But in the end, I had two choices, the erasure of my name, my advocacy, my community, and everyone I employ, or to fight for myself and to fight for us. So I am fighting, and I'm inviting you to join me in a simple call to action. Patagonia, drop the lawsuit."
From Harmony to hostility
Wiley, a drag queen and environmentalist who has raised over $3 million for climate and outdoor initiatives (in December as Pattie Gonia she hiked 100 miles from Point Reyes to San Francisco), first ran into conflict with Patagonia in 2022 during a partnership with Hydroflask, a manufacturer of water bottles popular with outdoor enthusiasts. Hydroflask contacted Patagonia to iron out any potential issues with trademark infringement. Wiley agreed not to use "PATTIE GONIA-branded products or using fonts or designs that copy, or are substantially similar to, Patagonia's logos," the lawsuit said. However, Wiley argues that the details of that agreement were only for the Hydroflask partnership - not a longstanding agreement.
"I have never used their logo, font, or anything from their brand on our merch website," Wiley said in the video. "Instead, the lawsuit cherry-picks a few examples of playful parody and fan art and tries to spin those into some kind of vast use of their logo. Drag is built on parody, puns and jokes, but I'm willing to never parody their logo ever again, aka never give them free PR ever again."
Wiley filed to trademark PATTIE GONIA in September 2025 in an effort to protect the stage name and seek "ownership of a PATTIE GONIA trademark to commercialize products, endorsements, marketing campaigns and advocacy," according to lawsuit filings.
Patagonia said in a January news release that the company is not against Pattie Gonia's creative expression, but takes issue with Wiley trademarking the name to sell merchandise.
"We want Pattie to have a long and successful career and make progress on issues that matter - but in a way that respects Patagonia's intellectual property and ability to use our brand to sell products and advocate for the environment."
Legal experts weigh in
In the video, Wiley said the name Pattie Gonia does not come from the company Patagonia, but from Patagonia, a region and renowned outdoor travel destination in Argentina and Chile. The company also takes its name from the region. There are multiple theories about how the region was named. Some believe the region was named due to 16th-century Spanish explorers who called the indigenous Tehuelche people Patagones. Others say it's named after a medieval monster named Patagon.
Alexandra Roberts, a law professor specializing in trademark, advertising and intellectual property at Northeastern University, told SFGATE by phone Thursday that the distinction is a key reason she doesn't believe Patagonia would face an uphill battle if the case were to go to court.
"Pattie Gonia says she was inspired by the Patagonia region, and her stage name is a reference to that and then her merchandise is tied to her persona and her kind of personal brand and her activism, ... So to me, because there's that kind of geographic descriptive resonance and because the uses are pretty different, I am not as persuaded as a lot of people seem to be that Patagonia has some kind of slam-dunk case," Roberts said.
Mark McKenna, a professor of law at the UCLA Institute of Technology, Law and Policy, said that while the company may have basic legal standing, the likelihood of a consumer getting confused between the two brands would be slim, especially since the merchandise is directly connected to the Pattie Gonia persona that the company has not taken issue with.
"If people who are buying that merchandise know who the performer is, then it seems to me like the same reason that they wouldn't be confused about the performance would also translate to the merchandise," McKenna told SFGATE by phone Thursday.
Wiley's video, which has been viewed 3 million times on TikTok and has surpassed 306,000 likes on Instagram, sparked widespread conversation on social media. Leah Thomas, who founded Intersectional Environmentalist, a climate justice media platform, said the brand has missed out on an opportunity to collaborate.
"Who is in your PR team? Who's on your marketing team? Who's advising you on cultural competency and things like that?" Thomas said on TikTok. "Maybe it's time to investigate, because suing a drag queen, unless you're trying to appeal to a community that typically doesn't really invest in environmental activism, probably isn't going to be a good look."
But Polly for President, a drag queen who works in media and marketing, said drag queens have to be careful when including copyrighted phrases in their branding. Polly pointed to Trixie Mattel, another popular drag queen, as an example who does not mention the brand name Mattel in any of her registered trademarks.
"If you are a drag performer and you want to name yourself after a parody of something, you should really go into the US if you're in the US trademark database and make sure that you're not naming yourself after something that's gonna run you into issues," Polly said on TikTok. "It requires a little bit of research and creativity, but it's in your own best interest to sort of steer clear away from other brands and create clear distinction."
In the TikTok video, Wiley called on viewers to ask Patagonia, "in a classy, respectful and peaceful way," to drop the lawsuit. Wiley also said the company is attempting to use its extensive funding and resources in a bullying way in a political environment where 529 anti-LGBTQ bills have seen movement in the United States in 2026.
"Pattie Gonia is one of the first things in my life that I am genuinely, deeply proud of, and the idea that this could all be taken away from me is my worst-case scenario, because if you've ever created something that mattered to you, a name, a community, a version of yourself that finally felt real, then I think you know what that fear feels like," Wiley said in the video. "My name is Pattie Gonia. I chose it, I've built it, I've earned it, and I am not going anywhere. Patagonia, drop the lawsuit."
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This story was originally published May 28, 2026 at 7:13 PM.