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Hopefully I can finish all the Cocoon section tomorrow and Friday. Iâll have to do the Man section next week. This Saturday is a garden barbecue in the morning then DnD in the evening. Sunday Iâll be doing my St. Adam illustration all day.
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nosramus' gender being ambiguous/mixed if not just nonbinary is interesting in that the Great Work in alchemy is symbolized by the Rebis, the combining of all opposites including "man" and "woman" often associated with apotheosis.
getting scambot messages from random accounts that clearly used to be normal active blogs is sad enough. you know that there used to be a real person on that blog until they were tricked into handing their password to the digital fae.
but it's an entirely new level of tragic when somebody you've actually spoken to gets turned into a bot account. it's like peeking at a zombie apocalypse through the window and realizing one of the shambling corpses was your friend.
and then the zombie catches sight of you, lurches up to your window, and shouts through the glass that they accidentally reported your account to tumblr and you'll be deactivated unless you click this link.
RIP to the blog that used to DM me to tell me they liked my new chapters. Their last known words spoken before being turned, 17 hours ago: "Ggs!" They were praising someone's deadlift.
the message they tried to get me with is probably the same message that got them, so for anybody who hasn't already been warned about the signs of a zombie account:
if you get something like this â they're gonna follow up by instructing you to contact tumblr support on discord and give you contact info; or they're gonna link a website that looks sort of like tumblr support and say you have to email them; or any variety of "you must now contact tumblr, here is how you contact tumblr."
whatever they send you, it Does Not lead to tumblr. it leads to the master zombie that bit them and inducted them into the ranks of the undead, and will bite you the second they have your email and password. i might be confusing zombies and vampires. anyway,
it's easier to fall for these messages because the blog doesn't LOOK like a bot blog, because it ISN'T a bot blog. it's a normal person's blog that got accessed by a bot, meaning the blog's content CLEARLY looks like a real active user when you click on it. and yesâit might even be a blog you already know. sometimes bots like this go down a blog's DMs or reblogs and message people they've previously interacted with.
they got one of my treasured followers, and they can get you too. don't fall for their tricks. know the signs.
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Longtime readers may be aware of how much I relish an excuse to bully a company, so I'm sharing the wealth;
Clothing company Patagonia is currently sueing drag queen Pattie Gonia for "irreparableâ harm to their brand.
To be clear; Pattie named herself after the region in South America.
So Pattie is asking people to politely ask Patagonia to drop the lawsuit.
I'm extending the invitation to all of you, because sueing a drag queen for 'infringement' in the current political cultural landscape is vile.
Especially a drag queen who has raised millions of dollars for non-profits, uses her platform to raise awareness for climate activism, and fully aligns with Patagonia's apparent climate-conscious mission statement.
They're claiming they're sueing for $1. They're actually asking her to stop using her name, and pay over $1 million in legal fees. They're straight up harassing her.
In contrast, drag queen Jan Sport has a Jansport bag line. It's that easy to just... work with a queen.
Anyway. Be respectful(ish), but feel free to be annoying on Patagnoia's socials, asking them to 'DROP THE LAWSUIT'
This is being discussed heavily on Bluesky, such as here.
Patagonia is suing specifically for trademark infringement, and they're suing for the sum of $1. If they don't sue, then that means they could lose the trademark.
They aren't trying to "silence" them or prevent them from using the name, they're specifically protecting their company trademark. They'd have to sue *anyone* who was using such an obvious knockoff of their logo; in this case it happens to be a drag queen.
Go nuts.
The point is that this isn't a company trying to dogpile on a drag queen, it's a company following a standard legal practice to protect its trademark. Disney does it all the time.
If you get a soda out of a vending machine and it has a Coca-Cola label but it's actually a knockoff made with ditchwater, that's obviously okay because Coca-Cola is a huge corporation and it's thus fine for someone to violate their trademark.
You can hate Patagonia all you want, but the lawsuit is about anodyne trademark law, not specifically that a drag queen is involved.
if Patagonia loses their trademark, which they would if they didn't sue and win (again for one dollar), there would be no assurance against people putting a Patagonia label on amy dogshit
Oh my fucking god yâall bootlickers are driving me crazy.
Iâm a law student specializing in Intellectual Property, which includes Copyright and Trademark. Iâve studied these subjects and the law is clear that everything yâall said about Patagonia âlosing the trademarkâ if they donât sue Ms. Pattie is absolute bullshit.
Trademarks are only lost if they are abandoned by the user or if the product made by the company becomes so ubiquitous, everyday, and common that people start calling all types of that product by the trademark name. This is called genericide, because the trademark has become so generic, it is no longer an indicator of one singular source. Think Band-Aid or Thermos; we use those terms to refer to the generic products theyâre associated with. We call pretty much all sticky bandages Band-Aids and all containers used to keep things warm in Thermoses.
What Patagonia is doing is actually closer to suing for trademark infringement based on tarnishment, which means the infringer is using the trademark name in a way that makes the company look bad or associates the company with things like drugs or pornography. Queen Pattie Gonia is someone who raises awareness for climate and environmental activism. Nothing about Miss Goniaâs use of the name tarnishes Patagoniaâs brand.
The only possible argument the company has is that Miss Goniaâs queer identity could be seen as not âadult-friendlyâ but that very quickly slides into homophobic and moralistic territory that will absolutely be shot down by the court based on First Amendment rights. People are allowed to use ânot safe for work names,â based on caselaw that states that âlabels that are disparaging or morally offensiveâ are a violation of free speech because itâs peopleâs choice to say and use those names. For example, an all-Asian band applied for the trademark name âThe Chinksâ because they were taking the racially disparaging name and reclaiming it. The Trademark Office attempted to refuse to grant the bandâs trademark, and when the band sued, the Supreme Court sided with the band.
That got off on a little bit of a tangent, but the long and short of it is this: Patagonia has absolutely no basis for a trademark name. Any IP lawyer would say the same. The reason Patagonia is getting away with a frivolous suit like this is because they know their target is a member of a vulnerable minority. Miss Gonia is 100% correct that they are trying to bully her because they know she doesnât have the money to withstand a years-long expensive lawsuit.
Itâs because of idiotic bootlickers who kiss companiesâ asses like this that big corporations can get away with hurting independent creators. Patagonia does not have any chance at winning, but they know that just by filing and announcing their lawsuit against Miss Gonia, they are putting pressure on her to give up. If this lawsuit goes on, even if it doesnât make it to court and just goes to a judge for a quick summary judgment, Miss Gonia would still have to pay for a lawyer to defend her and lawyers cost more money than the average person has. Miss Gonia would win, but because Patagonia set the damages for $1, even if she did win, sheâd still end up in debt because in America, the typical rule is that each party pays for the cost of their own attorneyâs fees. The only time the opposing side would pay your lawyerâs fees is if you have a contract with them that says so, and thatâs usually only used in contracts between businesses or high profile individuals.
What Patagonia is doing is capitalizing on societyâs hatred for queer people and anyone resembling a trans woman. Miss Gonia is a drag queen, not trans as far as Iâm aware (though please do correct me if Iâm wrong) but itâs not like a big company cares to differentiate; theyâre just mad that a queer person is using their name in a way they donât like. Patagonia knows that this particular population has been facing harsh discrimination in society currently. By siding with them, people are actively harming the queer community. Donât pretend to hide behind trademark law to cover up your prejudices.
Honestly this all seems like a hot fucking mess; this article from the Guardian gives some more details. I don't know enough about IP law to really know what's going on here. I think there is truth to the claim that this case is not as legally open-and-shut in Pattie's favor as some might claim.
That being said, reading Patagonia's actual complaint... they wanted her to not use the words "Pattie Gonia" on any products, regardless of font or logo? Seriously? & it seems the logo shown above was never a product she was selling but rather fan art they wore on social media. He is running a clothing brand, yes, but the clothing he's selling is not trying to look like Patagonia clothes or imitate its logo, & the brand seems fixated on the fact that Pattie wears fan merch of the logo or jokes about Patagonia clothes in a Ted Talk.
Which, sure, I get the claim that people might think they are formally related (their evidence for that is a few Tiktok comments). But, as I (a laywoman) understand it, their claim is based around Pattie selling clothes that infringes on their trademark since they are a clothing brand specifically, yet his merch doesn't imitate Patagonia's to my eyes, and their most compelling evidence is Pattie saying or wearing things that relates to their brand, not the things they are actually selling. Again, the logo shown above was seemingly never being sold by Pattie, it was just something someone made him that they wore in public. If she did sell that logo, why didn't they put that in the complaint? & again the ask of her not using the name Pattie Gonia on merch at all, no matter how it is presented, just seems ridiculous to me? Its a pun based off a fucking geographic range, man.
Regardless, whether Patagonia is legally in the right in the lawsuit, and whether we should give a fuck about the legal rights of a multinational corporation, are two different questions. We will see how this plays out in the legal field, but personally I think even if it comes out in Patagonia's favor, its fucking stupid.
I am also annoyed seeing people in the notes defending Patagonia as this poor innocent company, "owned by its employees," which does so much good work and is being unfairly maligned! & the claim that it is employee-owned surprised me, so I wanted to look it up, and oh boy did I find some interesting information on Patagonia Inc.'s business practices re: human trafficking and taxes!
In 2022 the founder "gave away" the company by giving majority stock to an enviromentalist collective (which, btw, is not the same as the corporation being a worker's collective):
Chouinardâs family donated 2% of all stock and all decision-making authority to a trust, which will oversee the companyâs mission and values. The other 98% of the companyâs stock will go to a non-profit called the Holdfast Collective, which âwill use every dollar received to fight the environmental crisis, protect nature and biodiversity, and support thriving communities, as quickly as possibleâ, according to the statement.
Each year, the money Patagonia makes after reinvesting in the business will be distributed to the non-profit to help fight the environmental crisis.
The structure, the statement said, was designed to avoid selling the company or taking it public, which could have meant a change in its values.
âInstead of âgoing publicâ, you could say weâre âgoing purposeâ,â said Chouinard. âInstead of extracting value from nature and transforming it into wealth for investors, weâll use the wealth Patagonia creates to protect the source of all wealth.â
Which is the current big claim to fame with regards to it being a super politically conscious "good" corporation.
So to add a little nuance to this:
Patagonia's clothing has been made by victims of human trafficking and slave labor. This was reported on in 2015 and in 2021 they were named in a lawsuit alongside other companies. & in fact Patagonia uses the same factories as fast fashion companies where workers have workdays over 16 hours, and that article is from 2023, nearly a decade after Patagonia was first saying they just couldn't move their jobs to the US because they had to stick with the factories in Taiwan to make sure they helped end the human trafficking that was going on!
In 2024, the company was dealing with lawsuits in Japan over how it was treating its workers, specifically engaging in some scummery that allowed them to get around contractual obligations to employees.
The "Holdfast Collective" page on Influence Watch:
Patagonia founder Yvon Chouinard has faced criticism for skirting taxes through the unique structure of the deal that formed the nonprofit Holdfast Collective. According to media outlet Bloomberg, by creating a social welfare nonprofit instead of selling the company, Chouinard owed $17.5 million in taxes for the shares he transferred to the trusts as opposed to paying potentially $700 million to the Internal Revenue Service in estate and gift taxes that he would have owed if he sold Patagonia, which was valued at $3 billion in 2022.
Chouinard has said he hopes the collective will influence a new form of capitalism [note: he's also claimed to be a socialist, but more Scandinavia than Venezuela, in his words]. In a statement announcing the creation of Holdfast Collective, he also said the collective is one way to put money into campaigning on climate issues while also maintaining Patagoniaâs environmentalist values. 1 After the announcement to form Holdfast Collective, Chouinard claimed that âEarth is now [Patagoniaâs] only shareholder.â
Also, I am generally critical of anything and anyone which champions enviromentalism and "saving the planet" but only through means that don't fundamentally disrupt anything in any major way. We will not save the planet through capitalism of any kind, we will not "save the planet" without massive societal disruption on some level, & the saviors of the planet will not be individual corporation-owning "philanthropost" -aires' of any kind who throw a bunch of money gained from their shitty labor practices at shiny nonprofits funded by the same governments hungry for oil and lithium, and no one is allowed to criticize them because "ohhh so you think its BAD to give money to CHARITY??? you would rather they did NOTHING???????" cause we let corporations play in our fucking faces all the time.
Regardless of if you think Pattie is legally "innocent" here, you simply do not need to suck Patagonia's dick like this. Something something read The Revolution Will Not Be Funded and stop falling for this blackmail charity greenwashing bullshit.
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Once when I was in undergrad, someone described something as âproblematicâ in class and our professor was like, âThatâs cool, but âproblematicâ doesnât really mean anything. It means that the thing youâre describing has a problem, and in and of itself thatâs not bad. Art, especially, should always have problems, or else itâs not interesting and not art, either. It sounds like youâre trying to say that this is bad, but you donât want to say âbad.â Is that right?â
So from then on whenever one of us called something problematic, he would make us talk it out until we could name the âbadâ thing we were hinting at. In this particular class, 7/10 it was some type of oppression, and the remainder was like, âIâm uncomfortable because this is very new/confusing/pushing boundaries that made me feel safe.â
Once we stopped calling things âproblematicâ and stopping at that, class got way more interesting and... we all had to say, like, âthatâs racistâ or âthatâs misogynisticâ or âew capitalism grossâ out loud, which a lot of us had never done in a classroom before. Or we had to be like, âUhhh... Iâm not sure whatâs so bad?â and confront our own beliefs and that was maybe even more useful.
Anyway. Whenever I see the word problematic, I canât help but think of this professor being like, âGood starting point, now letâs get specific.â I think when we have to commit to saying âthatâs ___â it requires a lot more careful thought about the truth and impact and complexities of whatever weâre claiming. Sometimes there really is some bullshit afoot, and also sometimes itâs art, and it should be full of problems, because thatâs what art is.