- with readers working within the Accounting & Consultancy and Retail & Leisure industries
- within Compliance topic(s)
In this episode of The Upper Brand®, Mayer Brown IP partners Rich Assmus and Kristine Young examine the trademark dispute between Patagonia Inc., the $1.47 billion outdoor apparel company, and Wyn Wiley's drag persona, "Pattie Gonia," an environmental activist and content creator. They discuss how Patagonia's infringement suit triggered a public backlash and "Streisand effect," amplifying awareness of Pattie Gonia's name far beyond what organic use ever could have. The hosts unpack the legal merits, including Patagonia's duty to police its mark, the weakened parody defense after the Supreme Court's Jack Daniels v. VIP Products decision, and the complicating role of Patagonia's geographic origin. They also cover practical takeaways for practitioners, highlight that enforcement decisions are as much brand strategy decisions as legal ones, and underscore that coexistence agreements remain an underused alternative to litigation.
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