Patagonia vs. Pattie Gonia: Why the Trademark Case Is Harder Than It Looks

Patagonia also filed a federal trademark dilution claim. That requires proving the mark is famous among the general public, not just environmentalists or outdoor enthusiasts. Roberts said that is a difficult argument even if Patagonia qualifies as famous, because "the marks are not identical. Pattie is a female name; there's a space between. I think those things undercut the dilution claim."

Rebecca Tushnet, a Harvard Law School professor who practiced intellectual property law, agreed. She called dilution a "made-up idea that trademark owners got Congress to adopt" to argue that similar names create confusion about which brand is which. "Because it's made up, nobody really knows what dilution is. It's even hard to predict that infringement," she said.

The 'duty to police' myth

Online commenters have argued that Patagonia must sue to deter bad actors, or risk weakening its trademark. Both Roberts and Tushnet rejected that framing. "The myth of the duty to police is overblown – this idea that you have to go after every use of your mark or every use of something similar to maintain your rights, that's just not really true," Roberts said. Tushnet was blunter: "Yeah, that's dumb."

The counterargument

Carmel Imani, founder of Imani Law, which works with small businesses, said Patagonia should defend its trademark. "If they didn't file this lawsuit, their trademark weakens," she said. "Let's say they allow Pattie Gonia to move forward in the clothing category, you're going to have other brands come in that sound similar to it."

Imani also noted that Patagonia attached screenshots of consumer confusion in its complaint. "Marketplace confusion is the best evidence," she said.

What this means for other drag names

The lawyers agreed that drag queens who parody well-known brands – Trixie Mattel, Brita Filter, Jan Sport – are safe as long as they do not use another company's trademark. The risk comes when a performer applies for a trademark registration. Tushnet's advice: "If you're a parodist, don't apply for a trademark registration. The Patent and Trademark Office has no sense of humor."