caronycte

Weird Al is allowed to parody everything because he's operating under copyright law, not trademark law.

Trademark governs who can "trade" under what "mark" i.e. the brand identity of a company. Companies don't own their trademarked word forever, but they maintain the exclusive right to sell things under that brand in their specific market sector. Patagonia doesn't own the name of a geographical region, they just own the right to be the only company using that name to sell clothing and outdoor gear.

A drag queen name can be a parody of a clothing and outdoor gear company.

A company's trademarked logo can be used in parody creative works, with more leeway if it's not for commercial purposes. Trademark parody is allowed! Patagonia has been aware of and allowed Pattie Gonia's trademark parody for years.

Trademarks are specific to market sector. Actress Chase Infiniti could start a makeup line named after herself and her trademark would not infringe on the Infiniti car brand because they are different markets and there is no risk of confusion. Pattie Gonia could probably trademark her name to sell frozen veggie burgers and Patagonia would not care.

Drag queen Jan Sport did a collab with JanSport bags. What Jan Sport almost certainly did not do is independently apply to register "Jan Sport" as a trademark in order to sell bags on her own, because that would infringe on JanSport's own trademark in the bag market sector.

What Pattie Gonia is not allowed to do -- the thing that Pattie Gonia actually did do and is being sued for -- is apply to register "Pattie Gonia" as a trademark to sell clothing, because apparently Pattie is in talks with North Face and HydroFlask to sell "Pattie Gonia"-branded gear. These companies probably won't finalize anything unless Pattie shows that she actually owns the trademark. Unfortunately, "Patagonia" is already a registered trademark in the clothing market sector, and these two names are too similar to exist in the same sector (see: "likelihood of confusion" legal standard).

Your drag queen name can parody a clothing company. You can parody the trademarked logo of a clothing company. But you cannot use the same name to then go on to also become a clothing company.

In order to maintain their own trademark, Patagonia must sue for trademark infringement. If they don't sue, and Pattie Gonia gets her own trademark, Pattie could sue Patagonia for infringement on her trademark. You can see why Patagonia won't be dropping this suit no matter how much you harass them.

The new conflict is from Pattie Gonia using the Patagonia imagery and the Pattie Gonia name on her own merchandise. This is the email Patagonia sent, with the images they feel conflict with the 2022 agreement.

Pattie responded to that by disagreeing that she had broken any agreement, and also obliquely threatening to expose Patagonia for making tactical gear for the US military?

Pattie selling shit with her stage name on it Really Obviously isn’t going to have any negative effect on the continued lining of Patagonia CEO pockets, as if that even fucking matters, and no amount of waxing poetic about “well they have to 🥺🥺🥺” is going to make me say anything other than “fucking stupid if true then”.

In terms of whose pockets are being lined:

Rather than selling the company or taking it public, Mr. Chouinard, his wife and two adult children have transferred their ownership of Patagonia, valued at about $3 billion, to a specially designed trust and a nonprofit organization. They were created to preserve the company’s independence and ensure that all of its profits — some $100 million a year — are used to combat climate change and protect undeveloped land around the globe.

The unusual move comes at a moment of growing scrutiny for billionaires and corporations, whose rhetoric about making the world a better place is often overshadowed by their contributions to the very problems they claim to want to solve.

At the same time, Mr. Chouinard’s relinquishment of the family fortune is in keeping with his longstanding disregard for business norms, and his lifelong love for the environment.

(NYT Gift Link)

Since 2022, 100% of Patagonia's profits have gone to climate and environmental causes. They have completely restructured the ownership of the company so that this will continue in perpetuity.

She got the idea for the study while walking with her advisor at Stanford to discuss her thesis topic, and the paper she eventually published in the Journal of Experimental Psychology in 2014 is sharp enough that it should have ended the seated meeting on the day it came out.

She ran 4 experiments on 176 people. Same person tested twice. Once sitting, once walking. The creativity tasks were the standard ones psychologists have used for decades to measure how good a brain is at generating novel useful ideas.

81% of participants in the first experiment produced more creative ideas while walking than while sitting. In the second experiment, 88%. In the third, 100%. Every single person walked into a more creative version of themselves. On average, people generated 60% more novel useful ideas the moment their legs started moving.

The skeptical question is the obvious one. Maybe it was the fresh air. Maybe it was the scenery passing by. Maybe it was the change of environment doing the work, not the walking itself.

Oppezzo killed every one of those explanations with one experimental decision. She put people on a treadmill facing a blank wall. No scenery. No fresh air. No environmental change. Just legs moving in place while staring at white drywall. The 60% boost held.

Then she ran the experiment that closed the case completely. She took participants outside in two conditions. Half of them walked through a Stanford courtyard. The other half were pushed through the exact same courtyard in a wheelchair. Same outdoor stimulation. Same scenery passing at the same speed. The only difference was whether the legs were moving.

The walkers produced dramatically more novel high-quality ideas than the wheelchair group. The outdoors did almost nothing on its own. The walking did everything.

She also tested the opposite kind of thinking. Convergent thinking. The kind where there is one right answer and you have to narrow down to it. Word puzzles where 3 words share a hidden fourth word that connects them. The seated participants did slightly better on these. Walkers got slightly worse.

Walking is not a general intelligence enhancer. It does one specific thing. It opens up the divergent search inside your brain. The part that generates options. The part that produces unexpected connections. The part that takes a problem and finds five ways into it instead of one.

When you need to converge on the single right answer, sit down. When you need to find the answer in the first place, get up.

The mechanism is now well understood. Walking selectively activates what neuroscientists call the default mode network, the system inside your brain that runs when you are not consciously focused on anything. The DMN is where mind-wandering happens. Where memories cross-reference each other. Where ideas that have been sitting in separate folders inside your head finally bump into each other.

When you sit at a desk and force yourself to concentrate, you suppress the DMN. When you walk at a natural pace, the executive part of your brain gets just busy enough handling the walking that the DMN comes online and starts doing the work that focus was blocking.

The most useful finding in the entire paper is the one almost nobody quotes. The boost did not turn off the moment people stopped walking. Participants who walked first and then sat back down stayed elevated. Their next round of seated creativity work was still significantly better than people who had been sitting the whole time. The rest lingered for at least several minutes after the legs stopped moving.

You do not need to do creative work while walking. You need to walk before the creative work. The brain holds the state.

we're looking to create an AI policy, and when we were talking about this, my boss (older millennial) was genuinely shocked to hear that younger people do not (seem) to view AI positively (a la the recent commencement speakers being booed)

please rb for larger sample size!

Question 1/3

Thank you for helping with this data collection. Please rb for as big a sample as possible!

I came by a few Southern phrases and I just had to draw Engi saying them 🤠

Who ordered some tooth rotting fluff between two merciless killers? :>

So from then on whenever one of us called something problematic, he would make us talk it out until we could name the “bad” thing we were hinting at. In this particular class, 7/10 it was some type of oppression, and the remainder was like, “I’m uncomfortable because this is very new/confusing/pushing boundaries that made me feel safe.”

Once we stopped calling things “problematic” and stopping at that, class got way more interesting and... we all had to say, like, “that’s racist” or “that’s misogynistic” or “ew capitalism gross” out loud, which a lot of us had never done in a classroom before. Or we had to be like, “Uhhh... I’m not sure what’s so bad?” and confront our own beliefs and that was maybe even more useful.

Travis: Yeah. It well--but it's seventeen feet tall divided by twenty-four months means that every month he crafted point seven--so like about three-quarters of a foot. Right? So, nine inches. So yes, I could say that just statistically speaking, there was a wiener month.

Griffin: Okay. "So how was your September, Michelangelo?" "It was, it was intense."