An Open Letter to Patagonia
Dear Patagonia Leadership, Legal, and Mission Teams:
AMCIRC represents the leading organizations in resale, reuse, and textile recovery. We have spent years building the policy and market infrastructure for a more sustainable circular textile economy, and we share Patagonia's environmental and social commitments, which is why we are writing.
The public conversation around your trademark action against Pattie Gonia has been loud and we are not here to argue the case on merits. We want to ask a few genuine questions about your position on the law, because we think it matters.
First: if your legal team determined that litigation was the only path available to you, does that not itself make the case for reform of how the law itself is enforced?
Putting aside the details of your claim and who is right and who is wrong, the fact is the time and cost of defending a trademark claim can be a distraction for any business, and ruinous for an individual, small or medium size business, and an independent creator - they do not have the luxury of in-house counsel, rarely have cash reserves to dedicate to a protracted legal battle, and should be using resources to build, rather than to defend.
The asymmetry cuts both ways. A small business holding a legitimate mark may be unable to defend it at all because the cost of litigation is simply out of reach. Conversely, a larger company that believes its mark is being infringed has little choice but to litigate, because the law offers no adequate middle ground. The current system serves neither party well, instead it serves lawyers and length.
We work with organizations across our ecosystem that live with this reality constantly. It is a rampant issue in the resale space, for example resellers selling legitimate and authenticated goods are accused of selling counterfeits without proof, don’t have the cash to defend themselves, and are forced to just settle or even go out of business. We are not accusing Patagonia of bad faith. We are saying that the tool you were handed to protect your brand is an antiquated tool, and at odds with your environmental goals, along with the current operational reality of innovation, sustainability and businesses. In collaboration with our members, we have identified various reform ideas including:
Pre-litigation notice requirements before filing suit
Fine limits for good-faith actors; increased penalties for willful infringement
Safe harbors for legitimate resale, upcycling, and repair
Faster judicial intervention so neither party is drained of resources before a judge weighs in
We are building the policy case for trademark reform through our Trademark and Counterfeit Subcommittee, and we would welcome Patagonia's participation. Your brand, your legal experience, and your platform would meaningfully contribute to this conversation. We hope you'll be in touch.
Respectfully,
Rachel Kibbe
CEO and Founder, American Circular Textiles (AMCIRC)
