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Copyright governs who has the "right" to produce and distribute "copies" of books/music/movies/creative works. This is where fair use doctrine applies, because most creative works are referential by nature.
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.
Yes, Pattie's legal fees to fight this will cost more than the $1 she's being sued for. Pattie could also not fight this, withdraw her trademark application, not spend any money, and carry on being an environmental activist drag queen named Pattie Gonia. She would probably be better off making nice with Patagonia in the hopes of a Jan Sport-esque deal where Pattie designs an exclusive fabric and Patagonia maintains the trademark, but apparently Pattie's legal team has been sassing off to Patagonia in their communications for years, has applied for a trademark they should 100% know they'll never get, and has now decided to play the victim on social media just in time for Pride month, so I don't know how likely that is. I guess we'll see!
This is mostly correct, but I’d like to offer a small correction. The product deal with Hydroflask and North Face apparently occurred in 2022, and HydroFlask got Patagonia involved to make sure everything was in the clear. It seems like Patagonia was very agreeable about everything at the time, and only asked that Pattie Gonia and her partners avoid using the Patagonia logo and font or similar images, and to avoid putting the words “Pattie Gonia” on any products. This is the email exchange from 2022, from the recent Patagonia trademark complaint, including Pattie Gonia apparently agreeing to the limitations.
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?
It’s possible that Patagonia understood the terms from 2022 to be a good-faith ongoing agreement about keeping the brands separate, and Pattie interpreted it as an agreement limited to the now-ended North Face and Hydroflask collaboration. It’s also possible that Pattie Gonia didn’t believe she was actually agreeing to anything at all, since her responses were very neutral, though positive in tone, up until 2025. The email chain does, however, show what I think is a very clear effort on Patagonia’s part to protect their trademark while also showing support and goodwill towards Pattie in her use of the Pattie Gonia stage persona.
Reblogging this because I think it provides an interesting explanation of the legal side of this whole mess, but to be clear the Only Correct Reaction here is to understand that copyright and trademark are Fucking Stupid, not to get out your torches and pitchforks to defend teh poor innocent cowpowation from a scawy yucky-wucky dwag queen.
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”.
Y’all gotta stop jumping to defend corpos just because blah blah trademarks blah blah copyrights. As the famous post implies y’all are not temporarily embarrassed vivzipops.
You will struggle to defend Pattie Gonia with the argument that "trademarks are fucking stupid" when this all started because Pattie applied for a trademark of her own.
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.
I like Pattie Gonia and I admire her environmental activism, but Patagonia's $100 million toward climate causes every year forever has orders of magnitude more impact. I support Patagonia maintaining its trademark however necessary to continue this work, and it is actually deeply distasteful to me that Pattie is willing to spin this routine trademark suit as "a corporation trying to erase an activist" when there is very obviously no path to legal victory and the only possible outcome is reputational damage to the only major corporation literally ever that has been singularly, intentionally, innovatively, and against all odds structured to give a fuck. Patagonia is a unicorn among corporations and we are starting a smear campaign against it for what. Selling slightly different t-shirts? Crab bucket ass activism.
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already kicking the hornet’s nest by criticizing Tolkien today so I may as well praise Steven Universe lmao. I listened to a few of the better songs last night and man that show really grappled with a level of interpersonal emotional complexity that even adult shows rarely handle. at the time all valid criticisms of the show really got lost in the deluge of arguments that boiled down to “it’s bad to depict toxic dynamics between humanized characters who care about each other” which lol.
obviously it was groundbreaking for depicting lesbian relationships and genderfluid characters but it was really quite a nuanced depiction of like. the parentified child forced to bear the burden of emotional intelligence because no one else will or can. Rose as a benevolent antagonist who’s avoidant and inconsiderate to the point of profound cruelty and the frustration of not really being able to have the catharsis of properly hating your mother. everthing going on with pearl lmao. genuinely a very ambitious exploration of what it means to hurt and be hurt by the people you love and the kind of toxic baggage literally everyone carries into their relationships without intending to. didn’t always hit the mark of course but imho it was usually a smarter show than tumblr gives it credit for.
If you independently came up with the concept of a gryphon and made a post about it on tumblr, vaguely aware that there probably is a name for a beast like this but had no idea how to look up something you don't know how to name, going like "hey wouldn't it be sick if there was a beastie that's half lion half eagle, like with the body of a lion but head, wings and talons of an eagle on it?" vaguely hoping that someone can tell exactly what you're talking about and commenting "you mean the fucking griffin?"
And instead there's people commenting like "op that's literally what a lion is. That's already a lion, except for the head and wings and talons part, you're just talking about lions." and "uhh isn't that what an eagle is?? Eagles have an eagle head, eagle wings, and eagle talons, how is that not what OP means?? I'm so fucking confused?????"
And last but not least, someone commenting "oh yeah that's my buddy's brother greg. Except instead of all that he's got the body of a human, human head, human hands, brains of a chipmunk and no wings at all. He guards the fridge." and you legit can't tell if this is the dumbest or smartest person in the thread.
Yeah quiet quitting is great and all but have you tried chaotic working?
Like. I remember back in my grocery store cashier days I did so much crazy shit.
When WIC (Women, infants, and children voucher program to help low income mothers/families with children) people were in my line I would pretty much know who they were. Before the cards they had to tell us upfront they were WIC and show us their vouchers for what they were allowed to get (it was awful some times. Like. 2 gallons of milk. $4 worth of vegetables etc etc). They’d always have items hanging back, waiting to see what the total was and if they would have to take it off the belt.
I began to place the fruits/vegetables a certain way on the register scale so that like 1/2lbs of grapes read as like .28lbs or something. Then act shocked when I said that they still had X amount of lbs left. They got all their fruit and vegetables.
I think it started to kinda? Catch on to the women? Because I would have the same moms in my line month after month. And even after they switched to the cards (they worked like food stamp cards?) I’d still do the same thing. They were able to get more produce for whatever shitty max amount Indiana gave them.
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It's actually a bit surprising to me that we haven't seen contemporary meta brainfuck indie games do more than they have with 1990s point and click adventure games' penchant for developer-intended softlocks. That feels like something you could very easily spin as Saying Something.
Honestly, having grown up with this bullshit is probably a big part of the reason I'm fascinated with player-hostile game design. Giving a puzzle three different solutions with fully voiced and animated reactions to each, except two of those solutions render the game unwinnable in ways that won't become apparent until hours later is a level of "fuck you" that most modern games with pretensions of player-hostility can only dream of!
I'm usually loathe to suggest TV Tropes as a resource, but given that only a person who's entirely unacquainted with the genre would be asking that question, a primer is probably warranted. Check out the Unwinnable By Design article and read the preamble for context on the types of softlocks we're discussing, then hit either the "Sierra" or "Infocom" links (yes, those two publishers each have their own dedicated sections!), pop open the "Cruel" tab, and get ready to read some stuff that makes you mad.
A critical piece of context that a lot of modern gamers completely miss is that Douglas Adams' adventure games are works of parody not only in terms of their narratives, but also in the sense that they're rather vicious parodies of adventure games as a genre. Each of their absurdly obtuse puzzles is lampooning some puzzle design trope or set of tropes that was legitimately commonplace at the time they were made, and many of the really nasty bits are crafted specifically to piss off experienced adventure game fans who otherwise wouldn't get caught out by that sort of thing. They're outliers in the genre only in the sense that they're putting forth extra effort to be annoying about it – most games of the type pull the exact same shit entirely without remark!
(Honestly, the player-hostility of Hitchhiker's Guide to the Galaxy tends to be tremendously overstated owing to a combination of effective marketing and the fact that it's the only adventure game from that era that any significant number of current-gen gamers have ever actually played. In terms of sheer fuckery it's considerably friendlier than stuff like, say, Codename: ICEMAN.)
I wanted to do a little compilation of my pride buddies! You can find them on my Redbubble and Teepublic! If you like dragons, gryphons, unicorns or DnD you can find something cute in my pride collections!
If you have a question about a flag not shown please read this before commenting! I appreciate it.
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Here's some of the notes, starting with the things multiple people brought up:
SHRIMP COCKTAIL:
banahbanah: #flashback to that one fic where Peter Parker frets about drinking shrimp cocktail because of the alcohol
generaldeliciousness: adding: what a prawn/shrimp cocktail is
#why is your character turning it down because they're under 21 #do you think prawn cocktail is a cocktail #this lives in my brain rent-free constantly #the rest of the fic was so normal #and good enough that i'll still re-read it #but bro
And then many, MANY, people wondering if this was actually authour mistake, since Peter really would do this!
POMEGRANATES:
zhajhassa: #haha where's that post that was like someone describing someone eating a pomegranate but they ate it like an apple
thornhands: #once someone wrote persephone biting into a whole Pomegranate #had to stop and stare at a wall for a minute
sungsingsanguine: I once saw someone very confidently write about a character eating slices of pomegranate.
FRUIT TREES:
zagreuses-toast: #given a very endearing glimpse into a writers blindspots by seeing them describe someone sitting under a ''pineapple tree''
salatrash: I remember something about picking watermelons... OF A FUCKING TREE
baander: #cranberry trees
DOUGH/BATTER:
maycelium: #I'm a chef so I'm really used to people not accurately describing how to cook food #But I was surprisingly flabbergasted when someone was writing making a cake and was kneading it. Which uh #Not necessary for cake. It was interesting for sure but just bizarre
livebloggingmydescentintomadness: #the one that drove me nuts was when a character set aside a batch of PASTA DOUGH 'to rise' #pasta doesn't have yeast!! #it does need to REST but it will never RISE #you do not want an airy crumb on your noodles
lovesodeepandwideandwell: #THE ONE WHERE THEY MADE COOKIES BY LADLING BATTER INTO A TRAY
Some other topics:
ANIMALS:
catenarwhal: #mandatory 'how cows produce milk' mention#i'll never recover from that one I fear
piromantic: #one time i saw someone fake their way through describing how spiders behave
pluto-lichen: horses
misskittypotter: #stardew valley faking its way through what fresh fish smell like
pa-pa-plasma: #saw someone faking their way through knowing what a seal is once #i still am fucked up over that one to this day. they just straight up did not know #& they were NOT good at guessing it either like it was clear they had never googled that animal ever #& was only just now realizing via answering questions from anons that seals are not!! what they assumed. initially
SEX:
dykevandyke: #what a prostate is #and where it is located #as in. external.
dreamyeyedrose: #I remember back in the ff.net days reading an Ichigo/Renji fic where the writer assumed the penises go inside each other #and I was like “I mean I don't know how it works for sure I don't have one but idk if that's how it works”
SOME OTHER FOOD STUFF:
thetrekkiehasthephonebox: #add another one to the list bloggers#this character is cooking a salad
shosta: #still baffled about the published work that didn't know food could freeze
sun-dari: #once i read a fic where the author didn't understand cinnamon
alto-tenure: #read something recently where the author was just. blatantly wrong about spices
dramatic-dolphin: #i saw someone try to fake their way through what ramen is once. like 14 years ago.#but i remember.#i was very confused about ramen for a few months. they were writing it so authoritatively.
the-celery-stalks-at-midnight: #i will never ever forget someone putting leftover fries in the microwave to reheat them and setting the timer for five minutes
typeghost: #this sparked a memory of a hannibal fic where the author had to fake their way through writing about gravy
draculin: #the one fanfic where the author knows about coffee only as a concept wrote a character as a coffee drinker#was very interesting#I don't remember the fandom or the plot but I was mesmerized by the coffee actions and choices
11235811235811: #there's a lot of faking their way thru congee in the svsss fandom i'll also note
fishali3n: #read one where the person clearly didnt know what tofu is
emmy-everafter: #in the aftermath of shadow and bone s2 i saw a lot of people pretending to know what stroopwafels are #babes they are more like cookies than breakfast waffles #like yes there is a waffle pattern but you're not gonna cut into a stack of them with syrup and sugar#🤣🤣🤣
NON-FOOD STUFF:
red-umbrella-811: Shoutout to Dame Agatha Christie for faking her way through what a wrench is in a very popular published work.
bluebeetle: #once saw someone have a character put an entire phone book in their pocket
nonametis: #- sex talk in languages other than english #<- or just the petnames in a different language other than English
sadisticpony: #the fanfiction i saw this week where op DIDNT KNOW HOW AUTOMATIC DOORS WORKED #and that they arent in peoples homes!!! of course. also opening the automatic door for someone is unironically very funny but its not #its not like. grabbing the door handle to let someone in. helpppp
danmeichael: #reminds me of the fic with the figure drawing class where the character started with the feet. #i love you feet first figure drawing author
meowmix1100blr: #me watching this one fic absolutely obliterate what the board of directors does
vexedhexes: #one time i read an architect character making a doorway bigger by building a bigger door #what a beautiful world. #OH. also gravity falls fic where they go 'oh piedmont is in california so its warm all year round'
leveragehunters: #characters going to a beer garden #And it's literally a garden outside the pub#It was a very cute mistake
fitofpique: #yes! #grown men do not get blind drunk off two beers #but i am possibly guilty of the hypothermia one #assuming it does not make you very horny?
dadvans-likes: #always thinking abt the soup kitchen fic #the entire setting of the fic was 'soup kitchen' #and i very quickly realized #the author did not know what a soup kitchen was #and they thought that soup kitchens only served soup #fic
msmargaretmurry: #i love fanfiction #once read a fic where the characters played 20 questions #but the author seemed to not know how to play 20 questions and was just kind of winging it........ #immaculate
shakespeareaddict: #Look I know not all of us are hockey experts #But it takes about ten seconds of research or any attention paid to the show to realize #That the Stanley cup playoffs are not in fucking September
baejax-the-great: #the funniest one i saw #was someone faking what church is like #like 1. they really didn't have to write an entire church experience for their fic #and 2. they had clearly never even watched a show where people went to church #it was bonkers weird
twosunson: #things ive seen authors faking #knowing how to unclog a drain #knowing. literally any history #knowing what ketamine looks like (apparently- oregano) #(you know who you are)
waterhorseyblues-ao3: #beltane being celebrated in winter #wales being portrayed as a completely separated land from england (i wish) #characters getting up after weeks of bedrest like that dosnt completely fuck you up
violetfairydust: #i once read a fic where the flight time from london to seattle was 3 hours
purekesseltrash: One time, in a fic set specifically in Des Moines, IA, two of the characters casually drove 20 minutes to the ocean. The memory continues to delight me. I want to know where that author thought that Iowa was.
i don't read a lot of fic anymore but i'm forever thinking about stephen king's 'it' where the characters went into a chinese restaurant and were greeted by a waitress wearing a kimono
I love my local strawberry festival because it's what I imagine a sports game feels like to people who really love a sports team. Or maybe a boy band concert in the 90s. Or Oktoberfest. Look at us all wearing our matching outfits themed around this thing we like. Let's get swag and novelty drinks. Go strawberries.
vaporwave
ellievsbear
pixelskylines
jbbartram-illu
dailybridgerton
gummygunk
dededos
2087
annaxmalina
yousharknotpass
