We’re being sued!
Hey everybody -
News came Friday afternoon that The North Face has decided to take us to court! Now, more than ever, we need your support as we prepare for the upcoming events. We’re stocked up and ready for the Holiday rush that is about to take place because of this news – please get your Christmas orders in ASAP !
Because of this, we’ve launched a new Facebook app that allows you see the difference between a face and a butt. It’s a ton of fun and can be a bit addicting! Here is the link: The South Butt Challenge on Facebook.
We’re up against a $7 billion dollar powerhouse (The North Face, owned by VF Corporation), but we feel confident with our idea and our friends, family, and supporters!
Here is our official press release :
FOR IMMEDIATE RELEASE
DECEMBER 14, 2009
CONTACT: ALBERT S. WATKINS @ 314-727-9111 OR 314-283-5736
SOUTH BUTT, SUED BY NORTH FACE, GEARS UP FOR HOLIDAY RUSH
The North Face Apparel Corp. has issued holiday greetings to The South Butt, LLC by filing a federal lawsuit in St. Louis, Missouri seeking to enjoin The South Butt from continuing to market and sell its parody apparel product line.
The suit, filed on December 10, 2009 in the United States District Court for the Eastern District of Missouri (but not yet served), also seeks damages from The South Butt, its founder, college freshman Jimmy Winkelmann, and a local St. Louis pharmacy through which on-site retail sales of The South Butt apparel are made.
The South Butt, a small St. Louis based company, was started by 18 year old Jimmy Winkelmann, to help his parents pay his college tuition at a state college. It puts out parody products which serve to effectively spoof North Face, employing the tag line, “Never Stop Relaxing” in contrast to the North Face line, “Never Stop Exploring.”
“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,” said Albert S. Watkins, legal counsel for The South Butt and Jimmy Winkelmann. “In every sense, The South Butt is prepared to assume the proverbial position and take everything that North Face thrusts at it,” added Watkins.
The skirmish between the two companies has garnered international media attention and has effectively been characterized as a contemporary Samson versus Goliath showdown. It is understood the North Face brand is owned by VF Corporation, whose website pronounces it to be the “world’s largest apparel company” and a “$7 billion plus powerhouse.” “What North Face apparently fails to recognize is that little Jimmy Winkelmann and The South Butt have nothing to lose other than their faith in the fundamental tenets of capitalism and the American Way. This is bigger than facing down a bully in the school yard, this goes to the heart of competition, the concept of an open marketplace, and the freedom of the public to make their own choice,” added Watkins.
The South Butt has initiated a tongue in cheek (pun intended) internet challenge to hone the skills of the public in discerning the difference between a face a butt. The challenge can be found at the following link: http://apps.facebook.com/south-butt-challenge/
“The South Butt is excited and full of holiday glee in anticipation of addressing this matter in a public forum and will continue to vigorously market and meet the needs of the growing demand for its products. The company employs a handful of individuals. Perhaps North Face should consider embracing its parent company’s stated commitment to ‘consideration and respect,’ applaud the spirit and diligence of this young man, adopt some corporate anger management protocol, and save some money on unnecessary legal fees in the process,” concluded Watkins. In the meantime, The South Butt founder, Jimmy Winkelmann, is studying for final examinations.
Sample Media Kits, Including Product Samples, Available Upon E-Mail Request to albertswatkins@kwmwlaw.com [Subject to Jimmy’s Mom’s Availability to Package Same]
Copy of Lawsuit Available Upon Request
For More Information About The South Butt, LLC, See also: http://www.thesouthbutt.com/
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You are getting so much traffic because of Rush Limbaugh.
Trademark Fan, you are a dip. The case you point out has NOTHING to do with what is going on in this on. I suggest you actually read things you find in a google search.
Go, TSB !!!
I love the idea of this website. It’s so true, but TNF is a large brand and maybe they just feel afriad of your buisness so they feel like sueing you. love this sight
GET YOUR ACT TOGETHER!!
I just sent the the below email to your company and received a mailer failure message, the email addresses associated with The South Butt no longer accepts mail.
“Good Morning.
I placed an order with your company on Monday, 21 December 2009. UPS failed to safely and securely deliver my package and I never received my order. I have contacted UPS and Lindsey from your company and am not satisfied with the lack of action on your part. UPS requires the shipper to initiate an investigation. I would presume to think that customer service would be high on your list of priorities in this struggling economy. However, I should have expected such a lax response given your logo. Your customer service staff seems to be too busy relaxing.
I would greatly appreciate a response and action to rectify this problem.”
Good luck with the lawsuit if you can’t even follow up with your customers.
What the heck??? North Face, get a life. Go pick on someone your own size.
I love it. You go little one. Rip them apart. I’m placing an order with you right now.
This is truly capitalism at it’s best. Build a company, garner a reputation and customer base. Never relax then protect it like he’ll.
This is the best idea ever, I have never bought a north face because of the cost and now I never will! i’m going to buy some south butt(: GO TSB!
If this was addidas or something i’d agree. fact is that TNF still makes some of the best performance technical gear on the planet. yes, it has been coopted by fratboys and sorrority sisters wearing UGGS, but the brand is still exceptional. meanwhile, the parody is weak. That being said, legally, TNF doesn’t have the world’s strongest case. What they do have going for them is the fact that south butt’s clothes are intentional knock-offs of TNF style e.g. the cheesy jacket, which a non-discerning person could mistake for TNF denali jacket. The humor in south butt’s line comes from the fact that at least 50% of people probably don’t even notice it doesn’t say “TNF” – it’s supposed to be a subtle joke for those in the know. the subtlety may get lost on a judge. I predict south butt may need to make the “mark” (the logo) look less north-facey, and/or stop using cheap knock-offs of TNF apparel for printing the logo on.
side note – the south butt products are horribly overpriced! safe to assume south butt doesn’t make the clothes – just buys stock from china and prints the logo on. no excuse for a rite-aid fleece jacket to sell for $60. but that’s just my opinion.
Of course you should get sued! To blatantly rip off and steal another company’s identity, make one or two small changes to the logo, and profit off it is just wrong.
UR PRODUCTS ARE EXACTLY LIKE THE NORTH FACE AND THEY HAVE BEEN AROUND LONGER!NO OFFENSE BUT THIS IS PRETTY MUCH COPYING.
I think its funny that the made the saaaame logo and the same type of jackets. hahaa. my friend and i r rolling on the floor laughing.
i thought monopolies were outlawed like 100 years ago.. screw you TNF
sooo. the south butt. completley opposite name. the logo is upside down. i dont see where any laws are being broken. the north face is just a bunch of idiots. the only thing thats the same is the style of clothing. like their denali jacket. they dont OWN that style of jacket. anyone can make a jacket that looks like that and not be breaking a law. but putting a tnf logo on it would. but you guys arent doing that.
so this is just a case of tnf being a bunch of little girls because theyre whack.
I believe many are missing the point. The South Butt can in no way be confused with The North Face and this is the thrust of the law suit. However, the parody could arguably diminish the value of The North Face logo. The North Face’s argument that its reputation is being “tarnished” by The South Butt. Perhaps The North Face should look in the mirror and see what it sees . . . a face or a butt. The bottom line is that the megabucks company, The North Face, has the money and power to bring a company like The South Butt to its knees, suing two of the largest and pushiest law firms in America . . . or can they? The court will decide.