Legal team, this week we are departing from our Bravo cinematic universe and jumping into the world of drag to discuss the trademark dispute between Pattie Gonia and Patagonia. The outdoor clothing brand Patagonia is suing Wyn Wiley, a drag queen known as Pattie Gonia, for trademark infringement and for breaching their 2022 informal agreement. We break down what trademark really means, what each side is arguing, and how to not infringe on trademark rights. We also provide examples of other trademark disputes between creators and big companies that might help us predict this case's outcome. Hopefully by the end of this episode, you’ll have a better understanding of how trademark laws work. And Cesie gives a recap of her Watch What Happens Live experience, including her interaction with Andy Cohen!
What’s on the docket?
Recap of Cesie’s WWHL experience, including her conversation with Andy Cohen
Why we have this podcast
What is the definition of a trademark
What it means to be in commerce
How to establish trademark rights and how to avoid infringing on them
What is constructive notice
How to search for trademarks
Ghost kitchen case, an example of how to lose trademark rights
Who is Pattie Gonia/Wyn Wiley
Overview of the case and why there’s conflict
Patagonia’s arguments
Email in 2022 and the evidence of an agreement
Why this matters so much to Patagonia
Public statements made by both sides
Lexie Love and the AI artist who registered federal trademark
Pattie Gonia’s open letter on her website and instagram
Hurdles that Patagonia will face
The North Face vs. The South Butt case and the pure parody argument
The Bravo Docket podcast, the statements we make whether in our own media or elsewhere, and any content we post are for entertainment purposes only and do not provide legal advice. Any party consuming our information should consult a lawyer for legal advice. The podcast, our opinions, and our posts, are our own and are not associated with our employers, Bravo TV, or any other television network. Cesie is admitted to the State Bars of California and New York. Angela is admitted to the State Bars of Texas, Kansas, and Missouri.
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