Commercial Awareness Compass
If you’ve been browsing TikTok lately you might have been wondering why everyone is suddenly worried about South American mountains, a clothing company and a drag queen. This isn’t the set up to a bad joke, but rather a high-profile trademark battle between clothing giant Patagonia and drag artist Pattie Gonia over $1 and name rights.
On their side, Patagonia claim they are only doing this to protect their trademark so it can be defended in future. Meanwhile Pattie argues they are trying to bury them in legal fees and aren’t as ethical as they claim.
How should a big brand navigate legal proceedings that are playing out in public? What legal metrics do courts use to measure trademark similarity? And how do corporate lawyers balance legal protection with ethical corporate identities?
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