The North Face files lawsuit against parody

[sbennett]

if someone took nike's logo and flipped it upside down and started selling almost identical products they too would absolutely take them to court. It might be a parody but it's a parody for profit not for entertainment. I think thats where the problem is.

I think this is dead on. If the kid didn't try and sell products that look almost like TNF products he wouldn't have this problem.

We can get into semantics about the upside down curve and 3 curves versus 2 but the logo is pretty similar. Look at the jackets he's selling; he didn't even bother to change the font on the stitching.

[Ladytrekker]

I think that this is tons of free advertising for South Butt this could really catapult them if they do not lose the lawsuit. But this is suppose to be the land of opportunity and free speech.

[kanga]

i think north face is a bunch of whiny pansies.

[sasquatch2014]

I agree somewhat with you on that. But its not an exact upsidedown logo. I don't think TNF really has a chance in front of the lady with the blind fold and the scales on this one.

except now and days the scales seem to be used more to weight who has the more well paid lawyers. FTS!

[ChinMusic]

White Blaze should sue the Black Disguise website......

[Reid]

I can't stand the North face, I have banished all forms of the NF from my wardrobe. I find it ubiquitous and extremely cliche. I enjoy calling out my friends when they are all standing around wearing the same thing and as the creator the "the south butt" would say they are not out climbing mountains. I think this guy's idea is awesome and the NF has no grounds for a lawsuit. They are just trying to intimidate him. It is the north face of el capitan or half dome, can't remember

[Reid]

They've got the trademark law nailed down, there's nothing about the logo that is illegal

[Jester2000]

I suspect that for The North Face to win a trademark violation case, they will have to prove that a reasonable person could look at the South Butt logo and confuse it for a North Face item. Parody is protected, so they're also probably going to have to prove that the motivation behind the design was to confuse.

It's not just an upside down version of the same logo, particularly because of the words involved. It can be argued that the part of their logo flipped upside down looks like a butt, and the very use of the word "butt" makes it clear that the products are not from TNF (as opposed to, say, calling the company "The South Face," which could be construed as attempting to cause confusion rather than as an attempt at parody). If you can look at a logo that says "The South Butt" and confuse it for a North Face product, regardless of the rest of the logo design, you don't fall into the category of a reasonable person.

Whether or not he's making money from parody may motivate the filing of a suit, but has nothing to do with the outcome of the case.

[Two Tents]

Nice explanation Jester. I agree totally.

[Reid]

Pardoy is a form of protest. As is in this case. Just like silence is a form of consent.

[Yahtzee]

Copyright, Patent, Trademarks, etal was one of the hardest subjects to grasp in law school. The standards for each are so confusing with so many exceptions it was mind-numbing. But after a little bit of research, this is what I have come up with. The North Face will likely win the case due the fact that the South Butt is selling the exact same merchandise that TNF is. If for example, South Butt was selling clothes for dogs (as was the case with Chewy Vuitton's parody of the famous fashion house) than the trademark of SouthButt could be seen as a parody. However, since SouthButt is selling the same exact merch as TNF there is no parody. It is simply abusing TNF's trademark as a means to compete with TNF. This is what I get out of it.

Kid is funny, though. Gotta give him credit for Chutzpah.

[Trail Trooper]

Dude Is Smoking Crack Charging Prices Like That

[XCskiNYC]

It's not surprising that TNF is going after this. Their logo IS their product. People will pay more for a down jacket with the NF logo than they'd pay for an identical jacket (or maybe even a jacket of superior quality) with no logo. Human beings have an amazing compulsion to imitate, very exactly, the behavior of their fellow humans.

That said, the kid should name his company The South Butte.

[Jack Tarlin]

I think the most noteworthy thing about this story is that the guy who started the new company is only 18.

I'd say this kid's got a great future.

[Jester2000]

I think the most noteworthy thing about this story is that the guy who started the new company is only 18.

I'd say this kid's got a great future.

As long as he doesn't try to steal Billville Safety Research's logo, that is.

[Johnny Thunder]

Yeah I mean...North Face should probably offer him a job....or, Vanity Fair. Whomever. It's so confusing.

Sue for ownership? Sue for ownership of this kid's creative genius.

[mbrameld]

Don't know if it's related but I saw a few guys in Afghanistan that had patches that looked like TNF logo but instead of saying
THE
NORTH
FACE
they said
HEY
*****
FACE

Made me chuckle.

[Johnny Thunder]

I still maintain that I was the first kool kid to remove the stitching so's it said:

The
O
Face


hahahahahhaahha

[The Solemates]

Don't know if it's related but I saw a few guys in Afghanistan that had patches that looked like TNF logo but instead of saying
THE
NORTH
FACE
they said
HEY
*****
FACE

Made me chuckle.

TNF should sue the US govt then

[Lyle]

Check out this video. For me, I will not buy another North Face Product until they develop a sense of humor. Congratulations to The South Butt!!!

http://www.thetimesherald.com/articl...EWS05/91211005