Should Patagonia have sued Pattie Gonia? Trademark Enforcement, Rogers Test, and the cost of being right.

In this episode of The Briefing, Weintraub Tobin partners Scott Hervey and Richard D. Buckley, Jr. break down Patagonia’s trademark lawsuit against drag performer and environmental activist Pattie Gonia. They discuss the trademark claims, the First Amendment defenses, and the broader question of whether filing the lawsuit was the right strategic move. They cover: Why Patagonia is challenging Pattie Gonia’s merchandise and trademark application How the Rogers test and First Amendment protections may apply to expressive personas and related merchandise What the case shows about trademark enforcement, public backlash, and litigation strategy Tune in for a clear look at when trademark enforcement collides with parody, activism, and the First Amendment.