RPJ’s Gregory P. Feit Quoted in Law360 on Patagonia-Pattie Gonia Trademark Dispute

RPJ’s Gregory P. Feit was recently featured in a Law360 article examining the intersection of trademark enforcement, parody, commercial speech, and brand protection in the closely watched dispute between outdoor apparel company Patagonia and environmental activist and drag performer “Pattie Gonia.”

The case centers on a trademark infringement lawsuit filed by Patagonia (here and here) against Pattie Gonia and related entities. Patagonia alleges that the use of the “Pattie Gonia” name and related merchandise creates a likelihood of consumer confusion and infringes Patagonia’s well-known trademarks. While the company has acknowledged support for Pattie Gonia’s environmental and LGBTQ+ advocacy, it maintains that it must protect the strength and distinctiveness of its brand.

The artist Pattie Gonia has disputed those claims, however, arguing that the name is a parody protected by the First Amendment and that consumers are unlikely to confuse the performer with the apparel company. The dispute has generated significant public interest, as it raises broader questions about the limits of parody, artistic expression, and trademark rights when a name associated with commentary or performance is also used commercially.

Commenting on the legal issues at stake, Mr. Feit explains:

“There is a right to parody, there’s a right to have a persona on a stage or a performer name and to express yourself under the First Amendment. But when someone starts crossing the line into commercializing the name or using the name of a famous mark [or] highly distinctive mark of a big corporation, and crossing the line into commercialization of the name … then I think the law steps in, and Patagonia has a right to protect its brand.”

The case underscores the complex legal and business considerations companies face when enforcing valuable trademarks, particularly when disputes involve public figures, social advocacy, or expressive works. As the litigation proceeds, it may provide further guidance on how trademark law applies when parody and branding intersect in today’s marketplace.

Read the full article here.

This article is intended as a general discussion of these issues only and is not to be considered legal advice or relied upon. For more information, please contact RPJ Attorney Gregory Feit who counsels clients on employment law, litigation, arbitration, negotiation, and trial advocacy. Mr. Feit is admitted to practice in New York.