WEBVTT 00:04.201 --> 00:06.842 [SPEAKER_02]: Hey everyone, this is Leon from Prologue Projects. 00:07.842 --> 00:16.485 [SPEAKER_02]: On this subscriber only episode of 5-4, Peter, Reannon and Michael are answering your questions, and as per usual, you had a lot of them. 00:17.265 --> 00:23.567 [SPEAKER_02]: About everything, a corporate form and law school social dynamics, just sleeping with the enemy and Reannon's financial literacy. 00:24.467 --> 00:28.169 [SPEAKER_02]: The hosts have advice for the young and the old, the gunners and the gliders. 00:28.989 --> 00:31.490 [SPEAKER_02]: Some of you will be praised, many will be scolded. 00:32.252 --> 00:40.118 [SPEAKER_02]: This is Five to Four, a podcast about how much the Supreme Court sucks. 00:43.200 --> 00:53.788 [SPEAKER_03]: Welcome to Five to Four, where we dissect and analyze the Supreme Court cases that have infringed upon our civil rights, like Patty Gonia, infringing upon Patagonia's trademark. 00:54.128 --> 00:54.629 [SPEAKER_03]: I'm Peter. 00:55.109 --> 00:55.930 [SPEAKER_03]: I'm here with Reyanan. 00:56.270 --> 00:56.970 [SPEAKER_00]: Hey everybody. 00:57.311 --> 00:57.691 [SPEAKER_03]: And Michael. 00:58.958 --> 01:10.893 [SPEAKER_01]: Hi, yeah, if you're not in the know, Patty Gonia is a drag queen who is in a legal battle with Patagonia, the outdoor apparel company. 01:11.314 --> 01:11.574 [SPEAKER_01]: Yeah. 01:12.415 --> 01:14.759 [SPEAKER_01]: And I think we know who's going to win this one. 01:16.032 --> 01:21.095 [SPEAKER_03]: Yeah, it's been a little bit of an online drama because she's trying to win in the streets. 01:21.235 --> 01:26.899 [SPEAKER_03]: Right, she's posting videos on Instagram or whatever it takes on Instagram. 01:27.119 --> 01:27.899 [SPEAKER_00]: What is she trying to get? 01:27.919 --> 01:31.902 [SPEAKER_00]: She wants a trademark on patagonia her drags. 01:32.342 --> 01:42.525 [SPEAKER_03]: Yes, and she's trying to sell like outdoorsy merch under that name and like partner with Patagonia's competitors. 01:42.845 --> 01:44.325 [SPEAKER_03]: It's such a clear loss. 01:44.745 --> 01:48.306 [SPEAKER_03]: The internet has started to turn against her rightfully. 01:50.607 --> 01:54.311 [SPEAKER_03]: But yeah, and Patagonia is suing to enforce their trademark. 01:54.511 --> 02:00.417 [SPEAKER_03]: They're suing for a dollar, so it's clear the only thing they actually want is enforcement of the trademark. 02:00.757 --> 02:06.483 [SPEAKER_03]: If you look at the suit, there are like past communications from a few years ago where they like agreed. 02:07.284 --> 02:28.237 [SPEAKER_03]: mutually to like here's how I'm going to use the name here's what I'm not going to do and now she's violating the terms of that agreement yeah so we had a few people ask about this and this is a listener question episode spoiler I don't really have a ton of thoughts because I don't know a lot about trademark law don't let my a minus in trademark fool you I have no recollection not even a little bit 02:28.637 --> 02:29.797 [SPEAKER_01]: Yeah, I don't know a ton. 02:29.817 --> 02:34.118 [SPEAKER_01]: I've looked into this more than I care to just for this episode. 02:34.798 --> 02:41.539 [SPEAKER_01]: My understanding is that Patty wants to do a collab with Northface. 02:42.220 --> 02:48.281 [SPEAKER_01]: Oh, and Northface has a requirement that their collaborators have a trademark. 02:48.621 --> 02:54.342 [SPEAKER_01]: Hence, the effort to trademark patagonia and related apparel. 02:55.222 --> 02:57.944 [SPEAKER_01]: But the problem is it's just too similar. 02:58.004 --> 02:58.324 [SPEAKER_01]: Yeah. 02:58.344 --> 03:01.746 [SPEAKER_01]: There is a Supreme Court case about this, because people are saying, well, it's a parody. 03:01.906 --> 03:03.687 [SPEAKER_03]: Trademark parody is not this. 03:03.767 --> 03:05.248 [SPEAKER_03]: It's not like a copyright issue. 03:05.428 --> 03:05.628 [SPEAKER_03]: Right. 03:05.648 --> 03:11.571 [SPEAKER_03]: A lot of lay people in the TikTok comments don't understand the difference between trademark and copyright. 03:11.791 --> 03:15.393 [SPEAKER_03]: And I've got to say, it's driving my lawyer brain a little bit nuts. 03:15.573 --> 03:17.194 [SPEAKER_03]: I'm like, nope. 03:17.274 --> 03:18.055 [SPEAKER_03]: It's not the same. 03:18.435 --> 03:20.076 [SPEAKER_03]: Actually, one was hopping in there. 03:20.236 --> 03:25.458 [SPEAKER_01]: This was like with Jack Daniels, that remember this were that people were making like dog toy, Jack Daniels, dog toys. 03:25.558 --> 03:27.999 [SPEAKER_00]: Oh yeah, we talked about that case on the podcast. 03:28.319 --> 03:41.184 [SPEAKER_01]: Yeah, and so like the trademark analysis was basically like, look, if something's a parody, the question is still confusion and rather not people would believe like Jack Daniels actually produced this. 03:41.344 --> 03:46.967 [SPEAKER_01]: And so the question is, would people believe Patagonia produced these patagonia, 03:47.727 --> 03:53.170 [SPEAKER_01]: things with a Patagonia logo on them, or something that looks exactly like the Patagonia logo. 03:53.570 --> 04:02.015 [SPEAKER_01]: And the answer is, yeah, people would be like, oh, that looks like a little collab between my favorite outdoor woke apparel brand and in a drag queen, right? 04:02.075 --> 04:03.856 [SPEAKER_01]: Like, I think that's a such a simple analysis. 04:03.896 --> 04:06.217 [SPEAKER_03]: Small correction though, she's not using the same logo. 04:06.317 --> 04:10.780 [SPEAKER_03]: Hey, folks, if you want to hear the rest of this episode, you're going to have to subscribe. 04:11.300 --> 04:14.062 [SPEAKER_03]: This episode is one of our premium Patreon only episodes. 04:14.562 --> 04:16.302 [SPEAKER_03]: Membership starts at just five bucks a month. 04:16.342 --> 04:20.123 [SPEAKER_03]: If you want to hear the rest join us at patreon.com slash five four pod. 04:20.484 --> 04:22.344 [SPEAKER_03]: That's five four pod all spelled out. 04:22.964 --> 04:30.006 [SPEAKER_03]: Members get a bunch of stuff not only do you get access to the premium episodes, but access to subscriber only events discounts on merch. 04:30.686 --> 04:37.688 [SPEAKER_03]: And at the $10 a month level you get bigger discounts on merch and membership in the incredibly rowdy five to four slack. 04:38.309 --> 04:43.325 [SPEAKER_03]: So again, that's patreon.com slash five four pod, five four pod, I'll spell the out. 04:43.345 --> 04:45.071 [SPEAKER_03]: Uh, become a member today.