05/30/2026
Today's question is how do we feel about taking someone else's art and changing it to make it your own?
Im a feminist, an artist, an environmentalist, an ally, and i want to talk about something thats been in the news a lot lately- the lawsuit between Patagonia clothing and Pattie Gonia the drag queen.
While I love Pattie and am generally team Pattie in regards to her right to use her name and sell merch for her environmental activism, and i genuinely dont believe Patagonia has a trademark argument regarding ownership of the name or the mountain range itself, theres a big BUT in this debate. The image that triggered the lawsuit (and thats how trademarks work- you have to sue for infringement every time you become aware its been infringed for that trademark to hold weight, thats why the lawsuit is for $1) does appear to rip the original. it took me less than 30 seconds of looking at the side by side logos to see she just flipped the mountain range. Lest my eyes deceive me, i took it to photo editing and lined them up perfectly. If i can do it in seconds, you know their trademark lawyers already have. Purportedly this lawsuit is demanding she give up her name- not just the one image- and i think that takes it too far, takes it from a discussion of intellectual property to actual malicious intent.
Theres a discussion in art about inspiration and copying and common threads and whats original and what's universal. I cant trademark or copyright most of my pieces because they are nature based (I've tried). For some of my pieces, im better off patenting a technique. For the most part, anything short of direct copying gets a lot of leeway in the art community. Some artists become iconic and emulated. Shephard Fairey's HOPE poster became a filter. Piotr Młodożeniec's coexist design seen on bumpers everywhere has spent years in trademark wars.
What are your thoughts on taking a piece and making it your own? Is it okay sometimes (like making something just for yourself or for charity) and not others (like selling it for profit or incorporating as a key piece of your brand)? Does use permission change how we feel about it? Where does parody fall? Does it matter if someone is a big or little fish so to speak? Is it flattery or theft?
Ive had my art stolen and used without my permission, but my business model largely does give you a base and teach you to make it you own, because its a great place to begin learning technique. Most art workshops of all types use that same great beginning point. Is there a line there? Is it solid or blurry or subjective? What's your opinion?
Note: beyond this specific image i dont agree with patagonia's assertions that a drag queen with a parody name causes brand confusion at all. I believe a simple redesign on this sticker would be sufficient trademark compliance. The notion thst her name, mission and charity, or the sale of outdoor themed merchandise infringes on their brand is ridiculous.
