The South Butt

Hi, I’m James  (”Jimmy”)  Winkelmann, Jr. and I’m a college freshman at University of Missouri in Columbia. In an effort to assist my parents in paying for my college education during particularly trying financial times, I created The South Butt, LLC, a parody apparel company which served to spoof its biological and directional counterpart, The North Face.

The North Face is owned by VF Corporation, a business which bills itself the “world’s largest apparel manufacturing company” and a “seven billion dollar plus powerhouse.” Shortly before preparing to commence college, I attempted to register The South Butt trademark, only to receive a cease and desist demand letter from legal counsel for The North Face. The cease and desist demand letter asserted The South Butt was causing confusion in the marketplace. In short, The North Face asserted through its attorneys that the general public was somehow incapable of discerning the difference between The North Face and The South Butt.

After the initial shock of the letter, I brought the matter to the attention of my father who turned to St. Louis legal counsel, Albert S. Watkins, for representation. In what has become a recognized retort, the demand of The North Face was rejected on the grounds that, “everyone knows the difference between a face and a butt.”

As word of the actions of The North Face spread, The South Butt garnered international media attention, virtually all of which was supportive of and favorable to to me – the teenager from the heartland of America who chose to stand up to the demands of a corporate powerhouse. Months went by after I refused to capitulate without a word from The North Face. In December of 2009, The North Face Apparel Corp. filed a federal action in the U.S. District Court in St. Louis seeking to shut down the manufacturing, promotion and sale of The South Butt products and an unspecified amount of damages.

Again I refused to bow to the demands of the corporate behemoth. The media attention swelled; the legal community volunteered its support, and sales grew by leaps and bounds.

I’ve always asserted that this is about freedom of choice for the consumer. The purchasing public is savvy enough to identify the difference between “The North Face” and “The South Butt.” The North Face bills itself as the manufacturer of high end merchandise for those who “never stop exploring.” The South Butt promotes the concept of “Never stop relaxing.”

The South Butt products are sold on the internet at thesouthbutt.com and in a handful of pharmacies in the St. Louis area. If you want to buy a South Butt product, you have to search for it. No one will mistakenly purchase a South Butt product thinking that they are purchasing a North Face product.

The South Butt went so far as to add a disclaimer on its website which encourages the public to buy North Face products if they are incapable of discerning the difference between a face and a butt. A Facebook challenge was created to educate the public in their efforts to discern the difference between a face and a butt. The absurdity and humor of the challenge supported the proposition that the public was not being “fleeced” when they bought the South Butt products.

I continue to take my message to the public, supporting the ban of South Butt products at The Mary Queen of Peace Catholic school in St. Louis; donating South Butt products to patients at St. Louis Children’s Hospital, and committing the profits from The South Butt’s new conversion kits to St. Louis Children’s Hospital.

In the meantime, two of the largest law firms in the country are ramping up efforts in preparation for a hearing on April 12, 2010 to address an application by North Face for an injunction to stop The South Butt.

I’ve made my position clear:

• I welcome the attack by North Face, recognizing that but for the actions of North Face the internationally recognition of The South Butt would not have occurred;

• I’m unwaveringly committed to freedom of choice in the marketplace; the right of all to pursue the American dream free of attacks from corporate behemoths; and the right to freedom of speech (the right to make good natured fun of others;

• I will not cave in to threats and bullying tactics.

This is not about me. Nor is it about The South Butt. It is about the rights of all consumers to choose for themselves what they want to buy and what they want to wear. It is about keeping a marketplace open to the concept of competition and choice. It is about supporting an America where participation in the marketplace should be free of coercion, threats, and use of the legal system to suppress competition. It is about the right of all Americans to pursue their dreams, to speak their minds, and to “never stop relaxing.”