Professor Victoria Schwartz Quoted in "Patagonia Sued Pattie Gonia" -- KQED

Professor Victoria L Schwartz is quoted in the KQED article, "Patagonia Sued Pattie Gonia. Now Fans Want the Company to Back Down." The article involves outdoor company Patagonia's $1 lawsuit against drag artist Pattie Gonia over a trademark dispute. The case may be the first of many to come involving influencers and celebrities defending themselves as brands.

Excerpt from "Patagonia Sued Pattie Gonia. Now Fans Want the Company to Back Down"

Victoria Schwartz, a professor of law at the Pepperdine Caruso School of Law, said the case is “incredibly interesting” because the company isn’t trying to get Pattie Gonia to change her name.

“The strongest evidence of that, which is very unusual, is that [Patagonia] only asked for $1 in damages,” Schwartz said. “It’s almost a way of signaling we’re not trying to come after you for money.”

Instead, Schwartz said, the company is sending a PR signal that it wants a court order to prevent Pattie Gonia from using branding that resembles its own.

“It’s not necessarily a good look for them to be suing her,” Schwartz said. But the company is arguing “she’s crossed the line by selling merchandise and by trying to register the trademark herself.”

If the case doesn’t settle, Schwartz expects an expensive, lengthy case because it will take time to determine which party is in the clear.

“While I do think Pattie Gonia has an uphill battle, there are so many factors in the test that these are not the kind of cases that get resolved cheaply and easily,” Schwartz said.

Schwartz said the suit is part of a larger story in which people — including celebrities and influencers — are filing trademarks for themselves.

“This is going to be the first of many lawsuits where traditional brands are coming up against influencers who are going to be using trademarks,” Schwartz said. “Not in the way that Patagonia the company does trademarks for goods and services, but essentially they themselves are the brand.”