Major traffic!
Everyone -
Thanks for all of the support so far!
We’ve seen publicity like never before and because of that have experienced some outages with the site. However, we are working around these and now the site and store are running like normal. We will continue to keep an eye on things, though!
Again, thanks to everyone for backing us in our David vs. Goliath battle – we appreciate all of the messages, tweets, and mentions!
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Man, you’re an inspiration. I hope you beat that case and counter sue!!!
SUPPORTIVE MOM OF A COLLEGE STUDENT ALSO IN MISSOURI. HANG IN THERE! THIS IS SO GREAT…HEARD ABOUT IT ON THE NEWS THIS A.M. AND I AM GOING TO BUY ONE FOR EVERYONE IN MY FAMILY! SOUTH BUTT ROCKS! I SEE NO HARM IN IT!
Way to go! Keep up the good work and fight these money-hungry bastards until the end!
Go get em guy! Free enterprise!!!
I once owned my own internet business, I also was sued by a company because my website offered very similar services. This jerks website is not the only one that offers this type of service. He was just pissed because I became popular quick! Not mentioning any names, http://www.vectorvest.com. I hope you win this, it would make me happy to see the little guy come out on top for once!
BTW, like jason said. COUNTER SUE when all is said and done. You have that right.
If there is nothing to lose by trying and everything to gain if successful, by all means keep trying. There are two things you can control: your attitude and your activities.
Please send me a bumper sticker for my car.
Truthfully, I think you should say “thanks” to The North Face, as news of the lawsuit has obviously catapulted your company. Living in the Pacific NW, I see tons of people sporting TNF, trying to look cool. They obviously need the $200 winter protective gear when they cross the street to Nordstrom’s after getting their triple shot, hold the foam, sugar-free vanilla soy latte from Starbucks. Your idea is hilarious, I wish I had come up with it myself, and you clearly picked the best legal counsel. Kudos. Reading the prior days’ posts I think it is evident there are people who have confused their head with their ass, and got stuck when they tried to search for their brain.
If possible, I would like to see your slogan “never stop relaxing” as the predominant message on your gear, with a smaller logo of The South Butt. I would think that most girls, and some boys, would prefer wearing this alternative style.
Best of luck! Perhaps the ACLU will submit an Amicus Brief….
Jessica L., Portland, OR
While this is a legitimate parody and is thus protected under the 1st amendment, I think the logo is what could get you in trouble (since it is essentially their logo flipped upsidedown). I hope you don’t get taken to the cleaners on this one – I think the negative press TNF would get would cause them to back-off (man with $22,000 cell phone bill this past week for example).
Don’t counter sue – unless you have an awesome pro bono lawyer it will just put you in debt.
Trust me, I stayed at a Holiday Inn Express last night.
mi apoyo desde España. ole! ole! ole!
siga adelante , la competencia es lo mejor
Desde España. Soy comprador habitual de productos The Nort Face pero como prosigan con la demanda sobre el del “culete” no adquiero más productos de esa marca. La imaginación al poder y un poquito de humor, por favor.
Jimmy I hope finals are going welll! GOOD LUCKK!! WE ARE ALL CHEERING FOR YOUU
LOVEE YOURRR SISTER CLAIRE AND HER HISTORY CLASSS!!
Is it trustable because im planning on buying 1
Saludos desde España. La marca esa de North Face siempre la vi como un poco gilipollas. Ahora la demanda que te han puesto lo confirma. Son marcas que fabrican en China a precios bajos, generan poco empleo en el pais y aportan poco, pero psrece que son enormes porque su mayor gasto es en publicidad.
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hi from Spain. I’ve seen ever the northface brand as an asshole brand. now the demand confirm me it. This kind of brands are made in China in low costs, no make employees in the country of origin, and the brand seems very nice because the spend a lot of money in stupid advises.
Sorry for my difficult english.
Regards from SPain / saludos desde España
Yo tengo que comprarme algunas cosas, voy a esperar a las rebajas, tenia previsto comprarme algo de TNF ya que me gusta la marca, pero no, voy a elegir cualquier otra.
Great Idea! I hate when the big guy comes after the little guy because they came up with a great idea. Good luck!
Interesting – but I don’t agree!
The only thing that matters is do enough buyers agree. Isn’t the consumer the ultimate jury? Jimmy already won – regardless of the outcome of the legal outcome.
I heard about the suit on one of my legal blogs and decided to check out your site. I do not think you will win your suit, and will probably be found to be infringing on North Face’s marks.
way to go!!! heard about you guys on the radio. Whether you like it or not… your business is going to improve immensely! (all because of the dudes who can’t tell a face from a butt) you just gained a loyal customer! keep it up!!
priceless!!!! and good luck to you!!!
I don’t think the logo is just the north face upside down; It has two elements, not three, just like a butt, and it is shaped like a butt. It is clever and should be easily defensible.
Hearing about you on Rush Limbaugh, made me want to buy some of all your products. Unfortunatly, my better half is unemployed, so we are having a light Christmas. I love your idea, and will be keeping up with what you are going through. Hope you make mega bucks!
Using the premis of your argumemt I use the name Mr Evil. Not “Dr Evil.” Of course a well known movie character. BUT(no pun intended) the name I use was derived from an idea that was not mine. I clearly took this well known character and am now using the original idea as my own. Simply modifying it and using its wide spread celebrity for my own benefit. Will I profit from it? No. But my friend you are doing the same and might be profiting from this same us of parody. Good luck.
Oh I could go on. But(sorry again but[im going to burn in hell] it just keeps popping up), Im just someone that likes to argue.
You know. Mc D’s has arches also. Should they go and take on TNF about graphical arche infringement?
Im done. This is all about as stupid as my typing. But(oh good gosh there it is again)thanks for the laughs.
Im going to laugh every time I see a NF product.
This is such an AWESOME idea. Im in high school and just about every single girl in my school owns a northface and im sick of seeing them. First of all, these northface jackets cost about 70 dollars more than they should, they are not good for anything outdoors, and all these posers are just paying for the name.I’ll have you know that i have already ordered 2 hoodies, and i am expecting some more of your products x-mas. Keep going strong and tell all those haters to F-OFF.
THE SOUTH BUTT FOR LIFE
Fight the good fight. I just sent my order.
Merry Christmas.
Jimmy, this is something you can milk forever, and there are so many offshoots to the attention that greedy North Face has brought your way. Pretty soon, for one, Playgirl magazine will be asking you to do a centerfold. Hold out for Letterman over Leno, is my advice. Wait a few years and maybe Freddie Highmore can play you in the film version. Awesome, dude. SB rocks. And good luck with the legal stuff.
This is great! I hope you win for all small businesses out there. This is totally free speech and if those idiots can’t see that then they deserve to pay a huge legal fee to their attorneys! Good Luck and Merry Christmas.
PS: I think I just found my birthday gift!
I hate to say it, but you are going to lose your lawsuit. Why? One basic reason: You make money by exploiting The North Face’s look, feel and tone. Specifically, you use the same curved graphic, only inverted. You use the same typface, and, lastly, you play on their phrases. No Twitter or Facebook app will spare this company from serious legal trouble, unfortunately. Best case scenario is they let you off the hook (to avoid negative publicity) on the condition you cease business.
To be fair. . . . they both have cheeks!
Hmmm..WOW! I gotta have a beanie please make more. Everybody who sees your gear laughs. Very interesting legal argument. I believe your unique product has a right to exist, but would not without the stigma of theirs. I hope you win the right to pay for your education with this enterprise. What a life experience, your bound to learn quite a bit that you won’t find on campus.
Good Luck,
God Speed.
I sued my company (large printing company.. class action suit) years ago and through all the intimidation, deposition and headaches, it was worth it. I won..so keep the faith and don’t back down.
SOUTHBUTT4EVA
I love your creative idea, and would like to let you know that i think that i might be putting some fleeces under a christmas tree or two…
Good Luck Jimmy. North Face should be hiring you to head up their their new product devision instead of sueing you. I do wear North Face but am buying some South Butt too.
Good Luck Jimmy. North Face should be hiring you to head up their their new product devision instead of sueing you. I do wear North Face but am buying some South Butt too.
You deserve credit for having the moxy to start a new business like this.
It definitely shows some entrepreneurial spirit.
But would you sell any of your products if the logo, typestyle, graphics, size, were not similar to The North Face?
Probably not.
You are essentially profiting from another company’s trademarked brand.
Does The North Face have a right to exclusive use of their brand?
If so, you may be out of luck.
I hope you lose everything in this lawsuit. Your “idea” was clearly taken from The North Face brand and your products appear VERY similar to those from The North Face. Don’t get me wrong, I think it’s great that you have become so successful at such a young age, but come on people originality should receive much more praise than copying someone else.
Did Pepsi “profit” off of Coke? Coke was there first. Did Polo “profit” off of Izod? Izod was there first. Did Bud Light “profit” off of Miller Lite? Miller was there first. You see there are many examples of competition in the market place after the first brand established the niche. Did you ever of energy drinks before Red Bull? Does that make Monster profiting from Red Bull brand? Or does it just come down to consumer choice? Should consumers be free to choose The South Butt over other brands? or is your position that The North Face somehow has exclusive rights to anyone wanting to buy a hoody? I
Thank you for making me smile. I plan to use your products as an example in teaching my unit on advertising campaigns and branding in English IV. Good Luck on the lawsuit; I hope you prevail.
I just sent a scathing letter to VFC, telling them I’ll no longer purchase any of their products and urging them to rethink this suit before they make too big a fool of themselves. (Corporate addresses can be found here: http://vfc.com/contact — I wrote to corpgov@vfc.com and corporate_communications@vfc.com )
Now I’m on my way to Twitter to continue the publicity. I’d strongly suggest starting a petition at one of the petition sites. Not everyone will bother to write an individual letter to the company, but in the past some big companies suing individuals or tiny companies have been persuaded to back off by seeing all the people who were angry enough at them to sign an online petition.
Good luck!