@rad-raz - Tumblr Blog

RB IF YOU AGREE

Please look at the baby chinchilla from work. Look at as much of it you can see without a microscope. Please PLEASE I need people to see it's it's such a THING

how can that exist

lestatfag

the man who owns and runs the thai restaurant in my town knows me by name. he is one of the kindest and most thoughtful men i know. i started ordering from his place back in january, which was when i got my fibromyalgia diagnosis. back then i was using a walker, had limited mobility in my entire body but especially my hands, and was very visibly in pain. i always ordered the same thing: yellow curry with no meat, potatoes and carrots only (i have texture and other dietary issues). he always made it a point to make sure i could get out the door and carry the food safely. he had his workers package the food so that it was easier for me to open. as i kept coming back and i told him a little bit about my health status, he would always encourage me to keep going. he told me about how the spices he used were good for inflammation and began to edit the recipe just for me so that spices that were even better for fighting inflammation were used. he’d give me extra portions and despite the fact that i would tip every time, i realized later that he never charged my card for them. as time went on and my condition began to get better, he would make encouraging remarks and tell me how happy he was for me. the day i came in without my walker, he practically jumped for joy, and despite my insistence, he gave me my meal for free that day. i continue to make progress with my conditions and i continue to go to the thai place. this man who does not know me personally and who i hardly know anything about is one of my favorite people. it’s interactions with humans like these that make loving life easier. and his curry really does help my chronic condition. it’s comfort food taken to the next level.

rockergiirl

*test driving a car with the salesperson in the car with me* hey do you mind if i test the sound system with my music?

yeah sure go ahead

*connect my mp3 player*

*song starts and the vocals are clearly my voice*

i love crashing my car, crashing the car i'm driving is my favourite, the only thing i love more than crashing cars is crashing cars with other people in the car with me

estrogenesis-vaporeongelion

it's important to yell "fuck you kill yourself" at the tv advertisements to counteract the mind control

fforsythiaaa

Once when I was in undergrad, someone described something as “problematic” in class and our professor was like, “That’s cool, but ‘problematic’ doesn’t really mean anything. It means that the thing you’re describing has a problem, and in and of itself that’s not bad. Art, especially, should always have problems, or else it’s not interesting and not art, either. It sounds like you’re trying to say that this is bad, but you don’t want to say ‘bad.’ Is that right?”

So from then on whenever one of us called something problematic, he would make us talk it out until we could name the “bad” thing we were hinting at. In this particular class, 7/10 it was some type of oppression, and the remainder was like, “I’m uncomfortable because this is very new/confusing/pushing boundaries that made me feel safe.”

Once we stopped calling things “problematic” and stopping at that, class got way more interesting and... we all had to say, like, “that’s racist” or “that’s misogynistic” or “ew capitalism gross” out loud, which a lot of us had never done in a classroom before. Or we had to be like, “Uhhh... I’m not sure what’s so bad?” and confront our own beliefs and that was maybe even more useful.

Anyway. Whenever I see the word problematic, I can’t help but think of this professor being like, “Good starting point, now let’s get specific.” I think when we have to commit to saying “that’s ___” it requires a lot more careful thought about the truth and impact and complexities of whatever we’re claiming. Sometimes there really is some bullshit afoot, and also sometimes it’s art, and it should be full of problems, because that’s what art is.

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.

officialspec

this picture of my cat makes me feel like i woke up during an alien abduction

officialspec

moghedien

I feel like I need to share this because idk if Europeans are familiar with the presence of Aldi in the US, but at least especially in my area they’ve been growing a lot recently. Like Aldi bought out some local failing grocery chains where I live (Louisiana) and have opened Aldis in all these somewhat rural communities and small towns, which for the record I’m fine with

But as a result of this they are advertising a lot more in my area and also in many cases, the people in these areas have never been confronted with Aldi or any European grocery store. So the ads that Aldi is pushing out to its new US customer base feature a cowboy shopping at Aldi who is explaining to new Aldi customers how Aldi works. Like this cowboy is explaining you gotta put a quarter in the shopping cart and why there are very little name brands. A cowboy is how they want to reach their American customer base. They gave us a cowboy

moghedien

Here he is, the Aldi Cowboy

what-even-is-thiss

Taking up Japanese as a side project for myself has reminded me of something.

So like a long time ago I had a professor that I absolutely adored. She happened to be Japanese American. She grew up speaking Japanese at home but never really spent a lot of time in Japan. She mostly spoke with other Japanese Americans and read books.

So one day early in her teaching career there’s an exchange student from Japan who’s having a hard time understanding a concept so she explained it to him in Japanese and then he looked absolutely rattled. Like in shock. Pale.

This is how she learned that the way she speaks Japanese makes her sound like a gang member.

Japanese doesn’t exactly have cuss words in the same way as English does but imagine that the nicest professor you’ve ever had pulls your paper over and says “Okay listen here you little piece of shit I’m gonna fucking explain this to you. Violently.”

byjove

your life is too easy. you need to go to the nearest animal shelter and adopt the first tortoiseshell cat you see

byjove

Stop fighting.

Give in.

rad-raz

I skipped the animal shelter and trapped her myself hope thats okay. Day 1 to now, day 146. Her name is Juno 💙

#my cat #my cats #juno

victusinveritas

I love the idea of a roomba topography map being the jumping on point for a liminal horror story. House of Leaves II: Roomba.

depsidase

pokeballvictimized

Its so weird to me that people say "bomb that kills all tmas" as a response to "bomb that kills all tmes" because the latter is pretty clearly an expression of frustration at how much it can suck to be a trans woman and have cis men and cis women and trans men not really know how to talk to or about you (or outright discriminate!) And then the former is like. Pretty in line with the American republican party's solution to trans women. How are those equivalent or reciprocal.

stardustsubspace

"I think all [oppressors] should die"

> "Oh yeah? Well I think all [oppressed] should die"

Good job on aligning yourself with an oppressive power dipass 👍 You're really making the world a better place by hating an oppressed group of people who make up less than 0.5% of the population 👍👍👍

catgirlnailpolish

“bomb that kills all tmes” is also like. 99% of the population so it’s a concept so over the top as to lose all rhetorical weight. “bomb that kills all tmas” targets less than 1 percent of the population and is an actual achievable goal that fascists are currently aiming for.

orpheuslament

if i had a dick i would love to have a disappointing orgasm in the shower while thinking of something or someone that i felt i should not be thinking about & then stand under the water with my forehead against a wall watching the proof of my guilt & shame go down the drain