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North Face v. South Butt
The St. Louis Post-Gazette ^ | 12-15-2009 | Todd C. Frankel

Posted on 12/18/2009 2:46:21 PM PST by SFmom

The North Face has made good on its threat to sue The South Butt.

The international apparel maker filed a federal lawsuit in St. Louis late last week alleging trademark infringement by The South Butt, a Ladue, Mo.-based company started by a teenager making fun of The North Face name.

For now, The South Butt isn't backing down.


TOPICS: Business/Economy; Culture/Society
KEYWORDS: capitalism; entrepreneurialism; frivilouslawsuits; spoof
Go South Butt!
1 posted on 12/18/2009 2:46:23 PM PST by SFmom
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To: SFmom

What infringment? Logo? North is north and sout is south ... There was a similar suit here in Seattle between King Tv and Kong TV ... King said it’d confuse people ... yeah, Libs being confused .... yep, that’s it ....


2 posted on 12/18/2009 2:48:51 PM PST by SkyDancer ('Those who hammer their guns into plows will plow for those who do not..' ~ Thomas Jefferson)
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To: SFmom

My G-d, these lawyers have zero sense of humor...


3 posted on 12/18/2009 2:49:05 PM PST by Elpasser
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To: SFmom
In case these guys need towels, I think I can help...


4 posted on 12/18/2009 2:51:26 PM PST by Sopater (I'm so sick of atheists shoving their religion in my face.)
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To: SkyDancer

The owner of South Butt has parodied North Face. It flipped the logo. It has parodied the motto: “Never stop relaxing” and it has challenged North Face to prove that people don’t know the difference between a face and a butt on Facebook! Hilarious. Here’s South Butt’s site:

http://www.thesouthbutt.com/


5 posted on 12/18/2009 2:51:39 PM PST by SFmom (Hey, MHT, weigh in!)
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To: SFmom

i heard this on Rush’s ahow today. The South Butt got a lot of free advertising!


6 posted on 12/18/2009 2:51:52 PM PST by Andy'smom
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To: SkyDancer

North Space or Northface would be trademark infringement.

A clearly distinguished parody is not.

North Space will try to buy a settlement. This is the kind of parody that kills a product. I am putting my money on South Butt to win, or to take a handsome settlement offer to cease and desist, and pay for college.


7 posted on 12/18/2009 2:52:42 PM PST by Psalm 144 (What did you think NEW WORLD ORDER meant? The Constitution? States' rights? Individual liberty?)
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To: SFmom
Don't see where the North Face has a case. The company hasn't copied either word. Unless they have a logo or a symbol that's copying North Face how do they have a case here. I'd be interested to hear from some Lawyers on this. It looks like to me the North Face is trying to intimate the smaller company. If I were the North Face I would let this whole thing pass. It's going to hurt them more than help them. I already feel bad about the North Face from just reading this.
8 posted on 12/18/2009 2:55:46 PM PST by truthguy (Good intentions are not enough!)
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To: SFmom

Too funny - went to browse their store ... I’m buying something ... I hate elitists like NF ...


9 posted on 12/18/2009 2:57:29 PM PST by SkyDancer ('Those who hammer their guns into plows will plow for those who do not..' ~ Thomas Jefferson)
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To: truthguy

If NF had even ¼ if a brain, they’d buy him out, and keep the brand going...


10 posted on 12/18/2009 3:09:38 PM PST by Thunder Smurf
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To: SFmom
Years ago in my town we had a non-profit called ‘Sacks Thrift Avenue’ they took your clothing (in ‘sacks’) and the like donations, then sold the goods to raise money for several really good local causes.

Saks Fifth Avenue (SFA) sued them to keep their corporate image secure.

The local ‘Sacks’ settled, out of court.

SFA gave our local charity $50,000 for the non-profit to change it's name to Sacks of Bozeman.

And liberals say corporations are ‘greedy.’ I guess they are if they are run by liberals...

Suffice to say, The North Face is not a pleasant corporation. I think of them in the same way (ilk, if you wish) as I do of Patagonia. Leftist, liberal goons. More power to The South Butt!

11 posted on 12/18/2009 3:14:57 PM PST by Leo Farnsworth (I'm not really Leo Farnsworth...)
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To: SFmom
It's an interesting case, they are pushing the limits of parody. I have to admit I think it's funny they're parodying such a snooty brand.
12 posted on 12/18/2009 3:18:16 PM PST by colorado tanker (What's it all about, Barrrrry? Is it just for the power, you live?)
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To: SFmom

I enjoy these stories from time to time but especially around Christmas when it reveals that VF Industries not only own the North Face brand but are also responsible for Wrangler and Lee Jeans. When you consider the cynical sourcing and marketing it does make you wonder if that North Face jacket is worth the price.


13 posted on 12/18/2009 3:19:26 PM PST by relictele
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To: Sopater

“Drop the towel and nobody gets hurt!”


14 posted on 12/18/2009 3:21:53 PM PST by Secret Agent Man (I'd like to tell you, but then I'd have to kill you.)
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To: Thunder Smurf

I didn’t think about that angle. But I agree with you.


15 posted on 12/18/2009 4:05:40 PM PST by truthguy (Good intentions are not enough!)
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To: SFmom

They might not have a case regarding the name, but the logo overall is a clear infringement.

There may be room for parody in copyright law, but not in trademark law.

Think up your own company name, and design your own logo, kid.

16 posted on 12/18/2009 4:15:54 PM PST by Atlas Sneezed ("Personal freedom begins when you tell Old Mrs. Grundy to go to Hell." -Lazarus Long)
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To: Leo Farnsworth

Give ‘um a face full of Gerty Boyle, from Columbia...


17 posted on 12/18/2009 4:31:29 PM PST by Thunder Smurf
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To: truthguy

Many moons ago I started my own company and went into competition with the people who had been my employers a few months earlier. I picked a name for my company that used my surname and one five letter prefix from one of their company’s products. They sent me a letter advising me that I should change the name of my company to avoid problems as my name was clearly in conflict with theirs. I incorporated the company and added INC. to the name. I never heard from them again. They were just trying to intimidate me.


18 posted on 12/18/2009 7:37:48 PM PST by RipSawyer (Trying to reason with a leftist is like trying to catch sunshine in a fish net at midnight.)
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