Sotto Muguchi

Age/Gndr/Loc: Who cares? Food, writing, RPGs, cute shit, funny videos. Also some political/ally stuff and a dash of spiritualism.

[nothingdoingcomic]

Nothing Doing no. 65

[beardedmrbean]

[pitchburgh]

saw someone trying to roast this guy on reddit but all the comments were just like "fuck off, that's based"

nature is healing

[augustdementhe]

FUCK YEAH.

[fuck-customers]

[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.

[centrally-unplanned]

This is a good thread really diving into the details of how copyright/trademark law works, I have no objections to the meat of it. I just wanted to note something at the very top:

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

Weird Al is allowed to parody everything because virtually every single one of his parodies is officially licensed from the rights holders. He asks permission, and shares revenue with the original artists. You hear a lot of people when you look into this - including the man himself! - saying "He doesn't have to do that! He just wants to cover his bases and maintain relationships." And....ehhhh... I mean maybe. Probably, even! But the world of copyright is vast and confusing.

For example, musicians own the copyright to both the lyrics and the music of their songs, and those can operate separately. Weird Al changes the lyrics of his parodies; but he very intentionally does not change the music. It is kind of the point, right? But if your parody recreates 99% of the music of the original, is that "transformative"? Could that not "substitute in the market" for the original work? Maybe American Pie's lyrics are a wash, and we are all only tuning in for the guitar riffs, so The Saga Begins does it for us just as well? Hey, how does retelling Star Wars comment on American Pie? That doesn't seem like a parody to me; that seems like satire, which operates under a less permissive legal regime...

To be clear, I think Weird Al is transformative and the use of the original music is key to "the joke". And I think Fisher v. Dees (1986) established precedent that would cover him. But copyright law - like most law - doesn't exist in the ether; it only exists in the breach. There is no universal standard for what qualifies as transformative. It is evaluated case by case, judge by judge, market by market. Weird Al asks for permission because he never wants to find out what those cases might say. It is very much not worth it to learn the answer.

[agayworthfightingfor]

On Dentists

So I can’t brush my teeth. Like, it’s the worst kind of hell. I went to the dentist for a cleaning today and I told the hygienist this, and she was wonderfully helpful.

There are some incredibly soft toothbrushes available- namely, post-surgical brushes. Running them under hot water makes them even softer.

She told me that you don’t really need to use toothpaste- it’s mostly marketing. The foam gets to me, so that is really reassuring.

She gave me two particularly soft brushes and some xylitol gum. Trident is a market brand of xylitol gum, which helps with your teeth and can make your breath smell better.

The whole purpose of brushing is to disrupt plaque buildup. You don’t need to brush twice a day, every day with toothpaste if you brush correctly- little circles, focusing on near the gums (where most plaque builds up). So if you’re having a bad sensory day and can’t brush at all, it’s not the end of the world.

Hell, you don’t even need a toothbrush if even the post-surgical ones are too harsh. Going over your teeth with the same motions using a washcloth is enough.

She wants to find a fluoride rinse that has a taste I can stand (peppermint is the only mint I can stand) but she’s not particularly worried about it.

I go to Dr. Barr in Chicago. If you can get to the State St. Macy’s, his office is nearby. He’s very kind and patient and really understanding of my needs as an autistic person. The hygienist, I don’t know her name, announced everything she was going to do before she did it, and stopped frequently to see how I was doing.

This is really the only positive dentist I’ve ever had- past dentists have been too rough and not bothered to help find ways I can actually brush.

Basically this is a glowing recommendation for Dr. Barr’s office if you’re autistic, afraid of dentists, or have sensory needs. This is a recommendation even if you don’t have any of those things.

[huhnerkopf]

Im actually crying i feel like this post was reblogged for me oh my god oh my god oh my lord thank you

[lascapigliata]

You can also dilute your mouthwash and use it to swish around if it burns. My dentist does this so consider it dentally approved

[spoonie-living]

If you were feeling guilty about your brushing habits, either due to sensory issues, pain, allergies, executive dysfunction, or just plain fatigue, here’s what you need to know about what is and isn’t necessary if your dental care!

[charismat1c-megafauna]

Post-covid, I got really horrible shit going on with my gag reflex where for some reason the mint flavor of toothpaste (and only toothpaste) would make me gag so hard that I’d throw up. Then I found a kids toothpaste that’s like strawberry flavored or something, but it has the proper adult amount of flouride, so it works for me and I don’t gag much anymore. Here’s an article with some options if you’re like me lol

Best Non-Mint Toothpaste For Adults — Dr. Gemma Wheeler

Dr. Gemma Wheeler lists best non-mint toothpaste options for adults. The list includes those that are truly non mint, without oils or aromas

Also for the people who can’t stand foam, the ingredient you’re looking to avoid is called SLS.

[bisexualbaker]

I share this frequently, but I had a very difficult time making myself floss because I hated the way that standard floss digs into my fingers when I use it. I switched to floss picks, and boom: A hated activity instantly became entirely neutral. Much easier to convince myself to do! If you have the same problem with standard floss, this might be worth a try.

Also, my most recent trip to the dentist, I was told that xylitol is a very effective treatment for dry mouth! And also that dry mouth is bad for your teeth, because it can disrupt the PH balance in your mouth, making your teeth more susceptible to cavities. While you want to be very careful to keep any xylitol products away from dogs in particular and probably pets in general, if you have dry mouth, you can try checking for products with xylitol in them.

[bisexualbaker]

Of note: My brother endorses the OraNusre brand of flavorless toothpaste; he says it “tastes like toothbrush”. My mom, meanwhile, is a fan of the Hello brand, which comes in different fruity and sweet flavors. Both of these are listed at the non-mint toothpaste link above.

If you prefer a toothpaste or a mouthwash for dry mouth, I use Biotène; it’s not cheap, but brushing once a day with it, a tube of Biotène toothpaste lasts me around four to five months. As far as I’m aware, it’s only in mint flavor.

[animentality]

[sandersstudies]

Eating when I need food (body hungry, requesting nutrients) and I want it: FUCK yeah this ROCKS

Eating when I don’t need food but I want it: This is okay I’m probably having some small delectable treat. As long as I’m not overeating to discomfort this will be enjoyable.

Eating when I don’t need food and I don’t want it: *This is something that some misled parents and caregivers impose and doesn’t apply to me as an abled adult*

Eating when I need food but I don’t want it (maybe sick/nauseous/menstruating, body signals confused, exhausted, waited too long to eat, preferred foods not available, etc.): The Trials and Tribulations of Maintaining This Mortal Flesh Could Never be Comprehended by Any Machine. I Am Burdened with the Unsought for and Unending Task of Providing for a Creature of Meat for my Comprehension to Inhabit. and actually after that banana I am feeling a little better.

[shaydh]

"why did you write that"

my fetish

my friend's fetish

not my fetish but it fits in the story so i threw it in there as a treat. you're welcome.

[importantcatpics]

[euamopipoca-deactivated20120215]

Put a / in the year you were born, so we will have an average age

[sociallyanxiousdragon]

Before 1990: //////

1990:////

1991://////

1992:////////////

1993://///////////////

1994:////////////////////

1995: //////////////////////////////////////

1996: /////////////////////////////////////////////////////////////

1997: /////////////////////////////////////////////////////////////

1998: ////////////////////////////////////////////////////////

1999: ///////////////////

2000: //

After 2000: /

[sociallyanxiousdragon]

This is what we did before polls, when we could still edit posts

[rincewitch]

stone age tumblr utilizing primitive tools

[fibromyalgicaf]

Anyone want pride-themed dividers?

The Gilbert Baker flag colours:

The 'modern' pride flag colours:

Colorblind-friendly:

Intersex flag-inspired:

Gay flag colours:

Lesbian flag colours:

Bisexual flag colours:

Genderfluid flag colours:

Agender flag colours:

Nonbinary flag colours:

🌈 There's more on the way but I can only post 10 at a time ✌️

[fibromyalgicaf]

Transgender:

Asexual:

Aromantic:

Aroace:

🌈 What else would you like to see?

[fibromyalgicaf]

Pansexual:

Aceflux:

Demigirl:

Demiboy:

Queer:

Pride hearts:

and pentagrams:

[fibromyalgicaf]

Butterflies:

Anarchy symbols:

And one more...

[fibromyalgicaf]

As requested...

Butch lesbian pride colors (I found two versions when I went searching for references, so I did them both):

And femme lesbian pride colors:

[fibromyalgicaf]

Sapphic flag:

And ally flag:

[lmaonade]

awake as shit just looking at images trying to understand anything

[jerreeeeeee]

not every mutual fits neatly into an archetypal medievalism but there are some mutuals that im like yeah addressing you as “my liege” would come strangely naturally

[jerreeeeeee]

what mutual is prev

my liege lord

my loyal knight

my wise wizard

my evil advisor

my brother in arms

my lady muse

my wild mermaid friend

my fellow alchemist

my dashing rapscallion

my monstrous foe

Remaining time: 2 days 22 hours

[todayintokyo]

Fox procession at Anamori Inari Shrine by 川崎順平

[kushblazer666]

what’s wrong with the men who just want to each bachelor chow from futurama

[gorillastraylight]

This is literally a thing in Cyberpunk

[vriskakinnieaynrand]

[hmantegazzi]

It's about not having to prepare food or washing dishes.

[nordreys]

james ortiz provided some of his own personal rocky backstory on the sag aftra podcast, transcribed by me because we all have to be miserable about it together.

link to the podcast, this section below is from timestamp 24.35

“andy weir provided a packet to the creature shop that was like a packet of eridian biology and stuff but there wasn’t much about eridian culture or eridian sociology and i made a bunch of choices going in because i just needed to have like a ‘who am i?’ right? 

[…] and i made a decision that rocky’s species, that eridians are really social animals that in fact are like a beehive or a pod of dolphins - it’s a unique and really integrated ecosystem of everybody doing their [specific] part. and the fact that rocky had to fly that ship for about 45 years - longer than grace has been alive, i wanna point that out - he’s been alone on that ship, having to run that by himself and- ryan and i would talk about that, one day we sat down and he was like “so what’s the movie from rocky’s perspective?” and i was like “oh it’s like ‘alien’, […] like he’s in a ‘contagion’ movie by himself and he has no idea what’s going on.”

he’s basically in castaway by himself which of course ryan is too but like, one reason why we never cut to the past of rocky is like, i think it was really horrifying! i don’t think rocky has slept in however many years and so a thing i was really struggling with is this idea of like “rocky must watch sleep” because how do you make that a need as opposed to like, a cute idea? and i just had to make the decision that […] he has a lot of unprocessed trauma around the things that he doesn’t understand and how much he is blaming himself because he’s the guy who fixes, he’s the guy who fixes and there was something really freeing about deciding that rocky was a deeply emotional, deeply anxious, deeply horrified person - being - that is trying to move through that in some way and how that affects the early scenes with him until there’s a point in the story where you can see we’ve physically softened rocky’s behaviour, because he’s finally feeling more safe and ok but all of that lore, all of that information [was essential].

i also decided, this is just a small nerdy thing, that there was actually some of his family, was on that ship too.”