0:00 And people are saying don't buy Patagonia. >> Because they don't cuz they don't understand. >> Come on. They don't understand that they're just doing their due diligence gesture and it's not like it's not a malicious thing of like you can't do it. It's like hey, we just have to. Patagonia people are cool, huh? Yeah, makes me want to go buy something. Welcome to another episode of Careful Boys. I'm going to go over this lawsuit that's happening which is >> Hold on, time out. Oh. >> [laughter] >> There goes uh Barry Seal. So there's a there's a lawsuit that's happening from uh the brand Patagonia. You guys like Patagonia? I do. I do enjoy Patagonia. Yeah, I don't have that much stuff but I like their stuff. Do I need to burn my stuff? No, it's well maybe. They have uh Hawaii exclusive stuff. It's really
0:51 cool. Love Patagonia. >> Yeah. And sometimes they have like a flying fish, I don't know why, in their stuff and that is designed >> One of their logos? I think it might be Hawaii exclusive. >> Oh. Oh, wow. Okay. >> They do have Hawaii exclusive stuff. It's pretty good. I like that. Well, the lawsuit is uh because of an infringement. So you guys may not be aware that there is a drag performer that has the same name, Patty Gonia. What? I didn't know that. Yep. Here's Patty Gonia's uh logo. >> Oh my. And then this is uh Patty Gonia. Wow. >> [laughter] >> I like her carabiner earrings. Like the mustache. It's really good, actually. >> So a bunch of people are really really upset that Patagonia is suing Patty Gonia. Oh, I thought Patty was suing Patta. Why would you think that?
1:42 >> Cuz she's the originator. >> [laughter] >> She's like I've done this before. You guys stole my design. So you think that came first? >> If Joe was right, I agree. No, but it makes for a better story. Patagonia is suing her, huh? Yeah, but um so everybody's really like who's fans of uh, you know, Patty Gonia, they were like really upset and they're like, "I'm never buying Patagonia again." But she's protected under the parody clause. The ████ are you talking about? >> So but they don't understand the actual details of the lawsuit. >> Oh. So here's the details. Basically, after Patagonia became aware of Patty Gonia >> [laughter] >> many years ago they were like, yeah, they allowed the usage of that. It's parody. It's on It's protected under the clause like you said. With the only stipulation that she just can't make merch that looks like that. You just can't sell anything. You're not supposed
2:33 to like sell uh, you know, then because then uh, Patagonia has a duty when you trademark something, it's on you to protect your trademark. And if you don't do it this time, then anybody it's it's open warfare for them to take your ████ >> the first person that does it. >> [laughter] >> You have to do it every time. >> Every time. >> Yeah. Yeah, so the >> it's fair. What they did was uh, Patagonia released a statement telling everybody like, "We've been under agreement with Patty Gonia for many years under very specific stipulations that like, hey, yeah, as long as you don't do this, it's totally fine." She ended up doing the thing that they said don't do. So now they're suing her for $1. Oh. It's a buck because they have to do it. You know what I mean? Sick. And people are saying don't buy Patagonia. >> Yes, exactly because they don't cuz they don't understand. Come on. They don't
3:24 understand that they're just doing their due diligence gesture and it's not like it's not a malicious thing of like, you can't do it. It's like, hey, we just have to. Patagonia people are cool, huh? Yeah, makes me want to go buy something. Patagonia is cool. So cool of them. Yeah, they're just literally suing her for $1 for breaching that agreement. >> Damn, that's tight. >> But people are looking at it like, oh, you're being oppressive towards this art. >> Well then why is she not is she uh, he Are you I said is it really a she if it's drag? If it's a drag culture? Cuz I thought drag culture they identify as men, but they like to when but when they're in character they're women. >> Okay, let's go proper nouns. Is Patagonia not saying something online to her fans like, "Hey, it's all good."? Probably better that they don't actually, I think. Probably not. I don't know. Patty's just letting it ride? ████ yeah, dude. I'm getting famous for this ████ Let's go. Patagonia if I don't
4:14 think that I don't think that yeah, like you said, I don't think that news is being uh portrayed enough because if Patagonia themselves has to issue the statement to like alleviate this random hate, then I don't think it was. So, they're saying um "Yeah, we're not against art, creative expression, or commentary about our brand. We want Patty to have a long and successful career and make progress on issues that matter, but in a way that respects Patagonia's intellectual property and ability to use our brand and sell products and advocate for the environment." They've been around 50 years, so they're like, "We have to ████ do what we got to do." "Unfortunately, [snorts] in late 2024, Patagonia started selling Pattygonia branded apparel online and continued to create and use versions of our logo." Kind of got to draw a line somewhere. Yeah, I think it's fair. "Yeah, our outreach to Patty asking her to stick to our agreement was refused." "A
5:06 subsequent note asking to discuss potential ways forward got no response." "Yeah, so they're trying." "They're really, really trying and still when they have to do their lawsuit, they still made it a dollar. I think that's pretty freaking That's really cool of them. Yeah, that's very cool of them. >> Very non-corporate. "Then in September 2025, Patagonia filed a trademark application seeking the exclusive rights to use the brand Pattygonia to sell clothing and apparel Wow. promote environmental activism blah blah blah. These rights would directly overlap with the work we do and the products we provide for which we have long-standing rights and trademark registrations. To maintain our own rights, we must prevent others from copying our brands and logos. If we do not, we risk losing the ability defend our trademarks entirely. So like that's something you learn like day one of when
5:56 you want to file your trademark is they tell you all right, it's on you now. You're going to file this trademark? All right, you got to defend it. And if you don't then you just lose the right. Yeah. Pretty interesting, but all of that >> People pissed cuz they're like, "You're You're at You're homophobic and that's why you're suing." >> Yeah. But people don't read. >> So we got to start reading again, you guys. >> That's how you get there. >> And Patagonia's being a dick. Yeah. Yeah, cuz she already went or he already went against whatever the ████ you agreed to, Patty. Yep, Patty Degonia. >> And then they reached out. And they were like, "Hey, remember our agreement?" And then she's like he's like, "Nah." And then they're like, "Hey, can we like come to other other terms?" And he's like, "Nah." Yeah, cuz here's the part that for like if you want to learn more about it. To put a finer point on it, we cannot selectively choose to enforce our rights based on whether we agree with a
6:47 particular point of view. Yep, you got to do it to all. >> You have to get everybody that's that's infringing on your trademark. These are not hypothetical examples. They are real instances of past trademark infringements we successfully stopped only because we have been consistent in defending our rights. It's funny how like the the I guess like the social stigmas and that element overrides just the basic of laws. You know what I mean? Like just real basic ideas stuff they're like, "Oh, you're only doing it because you have something against drag performers or trans or whatever." It's like, "Dude, it's very simple." Like that doesn't change. >> victims, dude. It's easy for people to jump the gun. Cuz they don't understand like intellectual property. Or they just didn't read the article all the way. And they And there are There's always something they want to get mad about. >> True. Cuz even if they read this, they might be like, "Yeah, right. You're hiding behind legal ease, but you
7:37 actually hate gays." Yeah. And Patagonia does do a ton of like fundraising and charity work and a bunch of really awesome stuff and raises lots of money for like different things. So it is it's not like that Patagonia is just doing this to be like an ████ as well. I don't know why Patagonia handled it this way, but if there's a way for them to both do those things, that's what they're trying to get to the bottom of. They're like, "Hey, we're trying to start dialogue and how we can like >> Just email us back. But but they I think Patagonia could have just could have just still been fundraising and all that and just not sold merch and it would have been fine. >> Yeah. Yeah, maybe. Yeah, I don't know. We do parody merch, too, but >> And get cease and desist sometimes. >> Yeah, and then we talk to them and we listen and we go, "You know what? I get it. You stop. It's too close to your
8:27 brand and technically we could fight back and be like, "Nah, bro. This is a parody. Like we're protected." >> Yeah. >> But like 69 Ranches is ours, dude. >> Yeah, but I don't care. Like to me I'm like, "We'll just move on." Some brands don't give a ████ They think it's hilarious and then they're like, "Good for you guys." Some brands are like, "That it's kind of messing with our brand." And we're like, "Yeah, sure. It's not a big deal." >> Is that what uh 69 Ranch said? >> They messaged Yeah, and then they're friendly about it. They're like, "Hey guys, like yeah, we totally get it. It's really funny, but it's kind of like, you know, it's making us uncomfortable with the sexual like nature of it and whatever. >> really into 69-ing, so I don't want us to be a part of our brand. It's not really our thing." And plus we didn't even sell that much. So I was like, "Who cares? [laughter] If we sold millions, bro, I'm fine for that ████ I'll be like, "Nah, dude.
9:18 >> if you guys sold millions, they'd be fighting [laughter] for that ████ >> Probably. Probably, but it just to me it's just not worth the fight. >> And if and if we sold millions, we'd still be on the show saying we didn't sell any. That's true. That's true. But that's also like you think about Patagonia's side and it's like suing for a dollar. Of course they have an in-house law legal counsel and like whole department of law, but that like to even draft a document to sue somebody for a dollar is going to mean they're losing money on the lawsuit. Why are they losing like $10,000? Just to legally stop this person from doing merchandise around their logos and stuff. Like it it doesn't even stop them from existing. It doesn't put them bankrupt to the point like Patty's going to Patty's going to pay $1 and then just not be able to do stuff with their logo and still be able to do every version of fundraising or activism or anything.
10:08 Yeah. It's like pretty good on Patagonia's part. >> Pat I admire the way they handled it because it's not like they're just trying to like ruin Patty. They're just like, "Okay, we just got to do it." And then their statement to the public is very like chill. It's like, "Hey, we don't want to have to do this, but it's just part of the procedure." Yeah, the minimum cost them like 50x for the time for somebody to write this letter and put it on a blog. And that's like But what about on Patty's side though when they get served and all that? Like don't they have to spend money if they want to fight it and go to war? Right? She has to hire a lawyer. On on Patty's side? Patty's side, yeah. Patty can also probably be like, "Okay, my bad. I'm going to stop." >> Yes. I'll agree to this. Like what we did. Someone hired a lawyer to write a cease and desist letter. We just said, "Okay." No, but I'm saying if if Patty feels the right that is It's her. >> [laughter] >> It's her right. Like if Patty's right to
10:59 ████ sell this parody product. >> Oh, like if she's actually in the right. So that's where it's like, "Well, you got to pay for a lawyer and still got to to prove to prove that you're in the right, yeah. Even if it's a dollar, yeah."
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