Company called SouthButt is being sued by Northface.
by JP on Dec.15, 2009, under Hiking Trails
What a litigious society we live in.
A company named South Butt is being sued by the major outdoor clothing giant North Face for trademark infringement.
I have no dog in this fight, but believe North Face is going to come off like jerks on this, and needs to let the issue slide.
The South Butt company appears to be little more than a minor clothing line, run by a college freshman parodying, North Face.
Frankly, I find this idea humorous, creative, and not likely to be an actual trademark infringement. My guess is that North Face had planned to use the cost of litigation to force South Butt out, but I sincerely hope there is still enough room in this country for two cardinal directional body part stores, and it appears that South Butt is not planning on taking this sitting on their rears either (pun intended).
South Butt’s lawyers have already responded with one of the most humorous legal statements I have heard recently stating:
“The South Butt has previously made it clear to the North Face that the consuming public is insightful enough to know the difference between a face and a butt,”
This is an obvious reference to the central issue of most trademark infringement cases, the requirement that the infringement being alleged is likely to cause confusion. I have to to agree with their lawyer, I have never been confused by North and South (except in the woods without a compass) or between a butt and a face.
With all of that said, I do see one legitimate point in North Face’s case, and that is the use of South Butt’s logo, an inverted image of North Face’s. South Butt should change this logo immediately (not an admission of infringement), however, if this logo is ALWAYS accompanied by the name South Butt, the confusion should still not exist.
Call me a rebel, but I wish South Butt the best of luck with the litigation.
You can find more on this litigation on their website, The South Butt.
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December 25th, 2009 on 7:17 pm
I have read several blogs on this now and everyone seems to have the same idea. The North Face is making fools of themselves and coming off like bullies. Everyone needs to be able to step back and laugh at themselves when someone starts to poke fun. To me it just alienates the north face even further then the trendiness the brand has embraced.
December 25th, 2009 on 10:51 pm
I couldn’t agree more. Seems to me North Face had nothing to fear from this guy. Anyone wearing SouthButt wasn’t going to spend the money on North Face, and now they have done themselves more harm.
Now, some of those that would have bought North Face won’t because they look like bullies, and may even buy South Butt to support them. Not sure why the PR department at North Face didn’t put up more of a fight to prevent this litigation that does nothing but hurts North Face’s profits.