Josh Gerben Analyzes the Pattie Gonia Trademark Lawsuit for the AP

Earlier this year, Patagonia filed a trademark infringement lawsuit against environmental activist and drag queen Pattie Gonia. The dispute is over a ‘Pattie Gonia’ trademark filed by the performer last year.

Trademark attorney Josh Gerben explains some of the technicalities of trademark law to the AP. 

The Patagonia name originates from a region in Chile and Argentina, so how was the company able to register a trademark around the name?

“You can certainly protect a name even if it’s the name of a geographic region or location,” said trademark attorney Josh Gerben. “There’s Chevy Tahoe, GMC Denali, Arizona Tea Company and many more,” he explained. “It’s nuanced, but how well known the region is at the time of the trademark is a factor the U.S. Patent and Trademark Office would weigh,” he said.

So what happens next?

The ‘Pattie Gonia’ trademark has already been refused by the USPTO for a separate, but correctable technicality. Assuming the application is eventually approved, Patagonia could attempt to block the registration further along in the process.

“But it’s a moot point. The lawsuit will control the situation,” said Gerben. “If Patagonia wins the lawsuit, the Federal Court can tell the USPTO to deny the application.”

According to Gerben, the best resolution would be to avoid court and reach an agreement.

“It’s always more ideal because it provides certainty to both parties. And you’re not going in front of a jury wondering who’s gonna win,” he said.

Source: Peterson, Brittany. https://www.apnews.com/. “Patagonia is suing Pattie Gonia, a drag queen performer with an environmental message”. 11 June 2026.