Someone posted on this
story during the Fall '09 class. Just heard the news on the radio that
North Face is now suing:
"An entrepreneurial college
student created what he claims is a parody of the popular The North Face brand
called The South Butt.
Now he's getting an extracurricular
education in corporate hardball. The huge apparel maker whose identity the
young man mocks has sued the 18-year old for what it claims is trademark
infringement.
Jimmy Winkelmann, a University of
Missouri at Columbia freshman, created his brand which clearly borrows heavily
from the apparel giant as a send up of all the people who mindlessly wear North
Face gear because everyone else they know wears it.
So South Butt has a logo that
resembles North Face's, except flipped upside down. It sells tee shirts and a
jacket. And it has twisted the North Face marketing slogan of "Never stop
exploring" into "Never stop relaxing."
Winkelmann reported on the
lawsuit on his website Monday:
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!
Winkelmann, who clearly has an
impish sense of humor, also has a press release with a line you don't usually
see in a company's press release:
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]
The Associated Press reports that
North Face had no comment and its law firm didn't return phone calls.
While Winkelmann is drawing some
expressions of support on his website, not all the commenters on his site side
with him.
A commenter named KEH, wrote (with misspellings):
sorry, I am
usually for the little guy and have found some of these lawsuites stupid. Heard
about this on the radio.
I have to agree
with The North Face.. you are leveraging their creative work and image with
some humor. But you are not a parody, you are a competator in thier industry."
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