Wednesday, April 29, 2015

Fratagonia is not, apparently, the frattiest mountain range in South America

Fratagonia is a website that sells "On-line retail store services featuring new and used clothing, clothing accessories, drinkware, home decor, and decorative art; Retail store services featuring new and used clothing, clothing accessories, drinkware, home decor, and decorative art; Second hand dealerships featuring new and used clothing, clothing accessories, drinkware, home decor, and decorative art." I did not make up this description of their services. Instead, I copied it from their trademark registration documentation as quoted in the complaint Patagonia filed against them for trademark infringement, trademark dilution, and unfair competition.

Fratagonia has at least two logos:


Pretty fratty. But clearly ripoffs of the Patagonia trademark--even the fonts are the same:


It seems perfectly acceptable for Patagonia to sue Fratagonia, but I feel bad for the fratguy after digging just a stitch deeper into the facts. The Fratagonia mark is registered to a person who I won't name, but based on a search of the Googles he appears to be a 25-year-old entry-level finance type living in a shitty apartment in lower Manhattan. I know it's shitty because based on the trademark registration Fratagonia appears to operate out of it and Google streetview doesn't present it in a kind light. I imagine a dingy one room fifth-floor walkup teeming with Smathers & Branson needlepoint belts and Harding-Lane hats.

If you're thinking of helping him out by buying a tshirt, don't. They're seeking "from Fratagonia its damages and lost profits, and Fratagonia’s profits, in an amount to be proven at trial." And they want that amount trebled! So every dollar you give him could cost him three. Kudos to the kid for incorporating as an LLC though. Perhaps as a result he'll emerge from this litigation personally unscathed. He better hope that Patagonia doesn't try to pierce the corporate veil.


In light of the foregoing I'm surprised Patagonia didn't send a cease and desist letter. And if they did I'm surprised our enterprising young fratistician didn't do the math and shutter the Fratagonia website. I guess he doesn't know about how these things pan out for the little guy.

32 comments:

Marls said...

Kristin Chenoweth creeps me the fuck out. She looks just like the Crypt Keeper.

TR said...

Marls, official G:TB Cabaret expert.

TR said...

What's your hot take on Patti LuPone?

zman said...

She has the body of a dancer.

Marls said...

I'm out on Patti LuPone but in on Sutton Foster who played Brett's girlfriend on flight of the Conchords.

If that's what you're into.

Marls said...

JetBlue apparently does a concert series called Live From T5, which I guess is a cooler way of describing a concert in terminal 5 at JFK airport.

The film clips are rather depressing. Picture a band trying real hard as middle aged dudes rush by to catch a fight to Indianapolis.

Mark said...

Clips-Spurs was awesome last night. I feel less than awesome today (sleep deprivation hangover). It's a shame these two teams are playing in the first round.

Mark said...

Nice breakdown of the game for those of you smart enough to not stay up watching it. http://www.cbssports.com/nba/eye-on-basketball/25167177/the-complete-video-catalog-of-crazy-things-from-clippers-spurs-game-5

T.J. said...

Coming tomorrow, Mayhugh with a guest post on the upcoming big fight

rob said...

team pacquiao

rob said...

willie nelson is 82 today. weed does a body good.

Mark said...

Javaris Crittenton got 23 years in prison. What a fall for him in the past 5 years.

Squeaky said...

Headed over to a party for the fight on Saturday. At first it was just for the fight. Then someone mentioned the Derby. Then someone else mentioned a Boston micro brewery just expanded to the burbs. Saturday has turned into a brewery tour and load up on beers for the Derby/fight party. Might be a long but drink filled day on Saturday.

Lucky me. Unlucky for my liver.

rob said...

you've got two livers for a reason, man. no worries.

zman said...

I'm supposed to go to a Derby de Mayo party on Saturday. Bourbon and tequila mix well, right?

rob said...

if you're billy donovan, and you get the chance to coach durant and westbrook, even for only a year, you have to do it, right?

TR said...

Derby is around 6:09 PM and the fight will be after 10 PM. Good luck staying on your feet long enough to see Justin Beiber and the rest of Mayweather's entourage.

Mark said...

My wife is taking the kids out of town this weekend. May be a challenge to properly drink for all Saturdays sporting contests but the lack of children should allow for a highly crucial nap.

Mark said...

Donovan is gone. I'm bummed but happy for him. He might just luck out and end up with an ultra talented and still young team for more than a year.

rob said...

i am the bizarro mark this weekend, in ways beyond my art-free skin and lush head of hair. i'll be taking my daughter (and my mother) to lancaster, pa for a dance competition. it's pretty likely that i'll see none of the fight, race, draft, hoops, soccer, or other events that might interest me. i will see a lot of kids dancing, though.

zman said...

Maybe you'll see some horses and buggies too.

Mark said...

You should invest in an iPad, Rob. Technology's made viewing sports much easier.

rob said...

it's less the technology than the time. these fucking things go all day and into the night.

TR said...

A high school buddy of mine was Director of Photography for Breaking Amish. His social life consisted of a pint of Jameson's he would keep in his room. He went out there abut a week a month for a couple years. So no dice for you if you want to find a pub with a telly.

mayhugh said...

I think most people with a soul will be rooting for Manny. I would bet considerable sums against him, though. Grantland had a very detailed article on all of Mayweather's legal scrapes, mostly involving some pretty terrible allegations of domestic abuse. It's truly conflicting - you can almost count the number of guys who retired undefeated on one finger (I think), but it's almost impossible to separate the fighter from the real life villain.

Clarence said...

Anybody who describes his own hair as "lush" deserves to be beaten up by John Book and the blond terrorist from Die Hard.

And then have to sleep with Kelly McGillis.

rob said...

spoken like a sparsehair

zman said...

What if the hypothetical person was referring to his lush armpit hair? Because my pits are pretty lush. And luscious.

Marls said...

I just sawnTarzan swing by on ZMan's armpit hair.

Clarence said...

Clarence just doesn't like the word "lush" being wasted on anyone's product-filled hair.

TR said...

My groin beard is lush. And product-free.

(Pretty sure there's a good joke in that last part)

zman said...

So you're saying that you've never been caught with chewing gum on your pubis?