idiot-in-training

• Mimi • she/her • lesbian/queer • old enough to know better

[achillesinhighheels]

sorry i can’t go out tonight i’m at home sitting down

[sisyphusshrugged]

having a hard time focusing today. i've also had a hard time focusing for the previous 15 or so years leading up to now but this post is about today.

[fresh-bag-of-ham]

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!

[sexshopshenanigans]

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.

[scarlet-rosepetals]

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.

[fresh-bag-of-ham]

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.

[hthrrloooo]

Catastrophize Benedictine

[free-my-mindd]

[jenny-holzer]

[redstonedust]

phenomenom thats been bothering me that i could only express via an mspaint reverse boomer comic

[dragon-in-a-fez]

Martina McBride didn't win Country Music Association Song of the Year for a song about how burning your house down with your abusive husband still inside it is good, noble, and an allegory for the American Revolution for people to act like the genre belongs to bootlicking fucks

[dragon-in-a-fez]

other things people didn't do for you to act like country music belongs to bootlicking fucks:

Garth Brooks winning video of the year at the ACMs for a song about how none of us are free as long as there's racism and homophobia

Reba McEntire charting with a gothic horror song about an innocent man being executed by an incompetent judge and a corrupt sheriff

Willie Nelson being, well, his entire self tbh

Dolly Parton recording the hating capitalism banger of all time

Kacey Musgraves telling everyone to ignore the haters, smoke weed, and be a bisexual slut

[dragon-in-a-fez]

how the hell did I leave Morgan Wade off this list. wrote a song about being depressed, alcoholic, and suicidal and how mental illness stigma sucks, saw how much people connected with it, wrote a Part II of that song about how she's doing better now but you're never totally free of the risk of relapse. fucking icon.

[dragon-in-a-fez]

I specifically curated this list so people couldn't be like "ah yes but you see here is my simple binary of good and bad country music which always works", I made sure to add different genders, eras, subgenres, etc and y'all are still pulling that shit in the tags!

listen. Alan Jackson, the archetypal mister big hat man sitting on a tractor singing about a pickup truck, wrote a shockingly normal song about 9/11 that was like "yeah I don't know jack shit about politics but my copy of the bible says we're supposed to love everyone" and then went on the radio and explained how he specifically wanted to write a song about that day that "wasn't vengeful". Miranda Lambert took the southern leftist slogan "y'all means all" and made it the title of a corny ass pop-country song for the Queer Eye soundtrack. Kenny Chesney stole a horse from a cop and Tim McGraw put the cop in a chokehold defending him, and I know that's not about their music but it is, and this is very important, fucking sick as hell

it's fine if you only listen to female country artists or pre-1990 country artists or whatever the fuck you want but stop acting like you've cracked the secret code to dividing a whole genre of art into good pure anti-establishment folk songs vs bad corrupted right-wing sellout pulp

[dragon-in-a-fez]

updating this post for 2025:

Luke Combs covering Fast Car and keeping the line "I work in the market as a checkout girl" and doing an interview about how he couldn't change a single word because it's not his story. king shit

Morgan Wallen doing I Had Some Help, literally the first song that spoke to me as a male survivor of domestic abuse. also shoutout to the guy for getting caught saying a racial slur and responding by specifically telling his fans not to defend him and raising a bunch of money for the Black Music Action Coalition. bro had an engraved invitation to the culture war and said "nah I'd rather be normal"

Shaboozey just absolutely obliterating the drunk roadhouse anthem glass ceiling

Maren Morris and Brothers Osborne with a song that okay, released in 2019 but I didn't hear until recently, about how good friends mind their own business and let you love whoever you want and also get high with you when you're broke

Kimberley Perry! If I Die Young Part 2!! "actually I'm glad I lived, bitch" ass song that I bet is gonna mean a LOT to kids fighting depression

Kelsea Ballerini and Noah Kahan with Cowboys Cry Too. okay it's shallow and corny but genuinely a shallow and corny song about how men shouldn't be afraid to have feelings is what a lot of men need

[dragon-in-a-fez]

bringing the full version of this post back around because people are pissing me off today

[darkspaceboytoy]

Incredibly violent take of mine but I actually don’t think you need to relate to a story in any way to enjoy it. You can enjoy a story even if you can’t point at a character and insert some aspect of your personality or identity into them. In fact I would argue the need for a character like that to be present in every single story you experience is a sign of stunted growth.

[headspace-hotel]

It is a peaceful and serene take, actually.

[eebie]

The apple they fed to snow white wasnt poision at all it was just a red delicious

[hyumjim]

Starting a collection

[hyumjim]

[roycohn]

something i've noticed that has become really annoying in the past 10 years or so is this fad of what i've been calling, for lack of a better word, "structural whataboutism." it's that thing where, when faced with a concrete, resolvable problem in your community, your answer is to blame it on a vast, unsolvable issue of structural inequality and then throw up your hands. "there's trash all over the ground in this corner of the park" becomes "well, that's where MEN OF COLOR congregate after their 12-HOUR GRAVEYARD SHIFTS and i'm not going to support a CARCERAL SOLUTION to a CAPITALISTIC PROBLEM. WE NEED TO ELIMINATE POVERTY AND THE SUBJUGATION OF THE WORKING CLASS" and it's like okay but sis. someone still has to go pick up the trash. we don't need a carceral solution, we need more trash cans. you're not going to eliminate poverty and the subjugation of the working class and even if ya did, there would still be trash on the ground. how any of this passes for radicalism within their peer groups i simply don't understand. it's radical laziness more than anything else

[figtreeandvine]

I was on a canoe trip once with a river biologist who worked for the county. After we found and removed a car tire, she started talking about the annual river cleanup her department organized. From a water quality or ecological standpoint, removing shopping carts, car tires, and other macro trash from the river really wasn't that important, she said. The real threat to the river was industrial and agricultural runoff.

"But!" she said:

People who see a clean, trash-free river are more likely support laws to curb more harmful "systemic" forms of pollution. People who participate in river cleanups take pride in their work--their river!--and become evangelists for protecting it.

Immediate action leads to systemic awareness, which leads to systemic change.

[writing-with-olive]

Literally this.

Saying "there's no point in doing something small until the big thing is fixed" is literally just the Glorious Revolution Rapture story all over again, and it's not helpful.

[setulose]

Hi. It's me, Trustfund Whitelady, here to tell you all about my queer-owned small business oddities shop. Check out our multiple products on offer such as: quartz bought in bulk from Amazon, $5 vinyl stickers of animals in cowboy hats, king cake plastic baby earrings, and up in our display case, a taxidermied bat we for sure don't have a permit for. Our brick and mortar store has no available parking or public restroom but it DOES smell so strongly of incense that you'll need to hose yourself down after exiting :) If you can't make it out to the shop, no worries! We'll be at the craft market next Saturday between the amigurumi mushrooms stall and the 3d printed fidget slugs stall

[this-is-trans-joy]

everyone loves to hate terfs until they realise that it actually entails rejecting bioessentialism entirely and then suddenly you’re “taking things too seriously” and you “don’t have a sense of humour” like i’m sorry but saying protect the dolls doesn’t make you immune to terfism it has seeped into every corner of mainstream feminism and unless you’re actively searching it out and checking your own biases you will always be at risk of sharing a space with terfs

[this-is-trans-joy]

“Only women can—” nope. “But all men—” nah. “The divine femininity of—” gonna stop you right there. “Everyone born ama—” if you finish that sentence I’ll kill you. “Men don’t experience—” you’re wrong. “Gender isn’t real but sex is imm—” *loud incorrect buzzer*

It also goes without saying that bioessentialism inherently can’t be trans inclusive no matter how hard you try. “All men including trans men—” probably not. “This is only a woman’s issue—” is it really? “Afabs only—” why? “All trans men are like—” what? what are they like? finish the sentence i dare you.

[tiktoks-i-enjoyed]

[shamebats]

[dramatic-dolphin]

it's actually so funny that all you need to do as a female athlete to be immediately disqualified is being good, because everyone knows women suck ass at everything and if a woman is good at something that's unnatural. hashtag feminism hashtag protect women.

[aokozaki]

"Rationalism" is up there with "Objectivism" in terms of "definitionally funny things to call your own belief system".

[aokozaki]

"Yeah man I've been doing some thinking and philosophy and I've come up with a framework called Being Right"

[charlesoberonn]

Check out my new philosophy called Correctism. It includes all of the correct and true ideas and rejects the wrong ones.