tumblr is the titanic and baby i am in the band

At the start of my employment, my boss showed me videos of people stealing, and we both had a chuckle about it. How silly they were! There was a camera overhead, and it’s not to watch the shoppers. See, we can’t actually stop shoplifters. They get away with it maybe nine out of ten times. But we, who are watched and tallied and witnessed? We are always caught.

At first it was hard to hold one hundred dollars bills. An amount I had never seen before. An amount that didn’t exist in my household. It’s normal now. Here is something that is not for me.

“What the hell, I’ll take another,” says the man, pondering our 200 dollar watches. What the hell. Total comes to 580 and not even a flinch in his face. I have been working for 11 hours today and made only 110 dollars. It will go to my rent. Today I work for free, it feels. When I get my check, I will have 35 dollars left for food and saving.

The six hundreds he hands me go into the cash register. For a moment, I imagine having money. Then I put it away, counting out his change.

I know for a fact we sell our products for double what they are worth. That I could be making commission. That they could hand me those 580 dollars and change my life and not even mark the difference in their checkbooks. He’s not the only sale they make today, but I am the reason they made it. He’s not the only one spending 600 dollars, but if I hadn’t spent two hours with him telling me about his life, he wouldn’t have spent any. I go home. I don’t own a watch.

I have watched and rewatched a video on how to make salmon four ways. My shopping list is always the same. Pasta. Rice. Tuna. If I can afford butter it was a good week. I dream of the world I will never walk in, where I can throw the best fish fillet in the cart with a shrug. I hold hundreds in my hand and look up at the camera. I put them under the cash drawer.

I go to work. I scrap together my savings. I eat my bowl of rice slowly. My manager takes a paid week off from work just for his birthday. He owns a yacht. 

i was part of their college program. i moved to the state for it. they legally owned the building i was living in and still charged me rent. i ostensibly was being charged to work for them. it was a 2 bedroom apartment and they placed 6 adult women in it in forced triples.

as many as one in ten disney employees have experienced homelessness while working for the company. despite huge efforts to unionize, strike, or otherwise demand fair treatment; disney has refused to increase employee quality of life.

disney admits publicly that a good portion of their success is because the employees (“cast members”) are dedicated, passionate, and selfless. this is never reflected in pay. even “face” characters (ie those that are princesses etc) make barely above a minimum wage.

at the time that i worked there, i made $8.50 an hour. at one point i was asked to create a human shield around a bag because a bomb dog had alerted to it. for eight fucking dollars an hour.

i now work a very cushy office job. i have bought the salmon and cooked it all four ways.

i go to the store. i am nice to the person behind the counter. she looks up at the camera while she counts out my change. there is nothing fundamentally different about her and i.

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.