I remember when North Face produced gear for climbers instead of gear for posers.

It is going to be a hard argument to make when they made their logo completely opposite of the north face.

@cmdrsass: There are a lot more posers than climbers in the world. All the head faces at North Face probably had little faces to feed.

I know parody is a perfectly legal defense for copyright infringement, but trademark? I don't think it works like that.

@TCama: I may be mistaken, but I think the law says you can't make any money on the parody though.

I dunno, if I saw "The South Butt" logo on something, I'd think it was some sort of viral thing being put on by The North Face.

@threadislocked: South Butt's symbol has two segments, North Face's has three

@cabjf: You are mistaken.

@cabjf: Wouldn't that make MAD magazine and SNL (when it was good) liable?

"The South Butt?" Jesus that's not even remotely funny, are people actually buying this shit?

He's also clearly capitalizing on the north face's trademark and brand recognition / goodwill. I'm sure the kid's lawyer has told him as much which was probably the point where an "anonymous" phone call was made to ABC news. Media attention *may* get the north face to back off, but they're within their legal rights to take him to court.

I would say there's no way any rational person would confuse these two companies/logos, but then I remember that the day "Transformers 2" hits theaters, people go to the video store trying to rent it (and come home with "Transmorphers").

@catnapped:
Their's goes, "Bum bum bum bumabuma...bum bum bum bumabuma"

Mine goes, "Bum bum bub bumabuma ...BUM bum bum bum bumabuma"

Vanilla Ice

@tmed: Let's face it, you're right.

Just wanted to say face again.

I have a odd hatred for The North Face. I don't know why. But I roll my eyes whenever I see that logo.

@redskull: I was totally fooled when I rented "Snakes on a Train."

@cmdrsass: When I climbed, I liked Royal Robbins and Sportif products. Sportif had a cargo short, but with an almost spandex-like khaki fabric. They were awesome. I still have a North Face down jacket. Only used it once here in Texas...

@Murph1908:

It's because you see soccer moms wearing it for their "deadly adventure" to drop their kids off at school.

It used to be "gear." Now it's just "crap."

Yes! I submitted this (probably along with others!)

@Murph1908: Agreed. Its just overpriced, wanna be outdoorsy fashion apparel.

@cabjf: Weird Al? *cough*

@cmdrsass: This is exactly why the guy made his "brand" because he was sick of the people being sheep.

@SacraBos: I didn't climb, but I rappelled (obviously to places with trails back up)...most of my stuff I owned was Petzl.

@mizike: Trademark and brand recognition sure, but I don't think you can bank on a different company's goodwill with a parody. There's no reason to assume that a company with a logo that parodies a good company will also be good.

@sleze69: Why the "when it was good"...are you saying only good parodies should be exempt?

@sir_pantsalot: I rented Steaks on a Plane...it was a 2 hour montage of cabin food.

@Oranges w/ Cheese ontopofBrocolli: LIAR!

@Oranges w/ Cheese ontopofBrocolli: Indeed. I've happily given him lots of money over the years, and continue to do so when the mood strikes me.

@redskull: I watched the video review Film Brain did of that movie. The people who rented it must have been PISSED when they realized their mistake.

@sir_pantsalot: or "Pirates".

First, I'd never want to wear anything that says "South Butt" on it. I'm not sure why anyone else would, either, which leads me to wonder who this guy's customers are. (Then again ... maybe I don't really want to find out!)

Second, this smacks of Abercrombie & Fitch, owners of the Hollister clothing line & chain, suing businesses in the real town of Hollister, Calif. because they have "Hollister" in their names. This is in spite of the fact that Hollister clothing has nothing to do with the real town of Hollister.

Protecting one's trademark is one thing. Being ridiculous about it, because you've got enough lawyers on your payroll to coerce smaller businesses into paying you off, is quite something else (more like, legalized extortion).

@Murph1908: HA classic

@TCama:

Parodies are required to have some sort of commentary on the original work. I don't see "the south butt" having any commentary on "the north face".

I recommend that North Face hire Monster Cable's lawyers if they're really serious about going after this guy.

@mizike: Do you work for North Face or something? It's within their rights to go after the kid, sure, but that doesn't mean it's smart. Overreacting to a teenager's joke hurts North Face's brand FAR more than a harmless parody ever could.

@Oranges w/ Cheese ontopofBrocolli: i did as well. I'm in St Louis where it happened, so this has run on a number of outlets.

@wrjohnston19283: The fair use of parody only applies to copyright infringement. TMs don't have a parody fair use.

Here's some fact about North Face to all the morons who wear it:

1) about 5-6 years ago, the brand got bought by Vanity Fair. It's a joke amoung anyone who actually buys outdoor gear. It's now a glorified mall store. Yay. Fleece from American Eagle!

2) 1 in 20 people own a Denali fleece. I heard this from a tech rep from North Face 2 weeks ago. It's like a cancer on the world. Also, anyone who knows better laughs at all the morons who paid between 80-160 bucks for this made in china pice of crap that falls apart as much as it stays together.

3) The North Face Metropolis Down Parka, one of the hottest selling women's coats from the past three years makes every woman who wears it look like a grandmother. Yes, it's warm, but no, you are not sexy wearing it. Never. Ever. Yes, we laugh at you too.

I work for an outdoor outfitter. We make most of our money on the morons who religiously buy North Face gear. It's crap. Anyone who wants good quality stuff now a days buys Arcteryx, or at least Marmot, Mountain Hardwear or Patagonia if they're looking for similar price points to North Face.

Bottom line, only label loving morons buy North Face. We love all of them, since they keep our lights on, but you all get laughed at, a lot, by anyone who knows what good quality outdoor gear is. 10-15 years ago, sure, North Face was awesome. Now, it's just for label whores.

What, was South Ass taken already?

C'mon if you're going to go there, ya gotta go all the way. Everyone know that the opposite of FACE is ASS, not BUTT.

Motion denied, because of PC lameness. Did not hit satire homerun, fly ball was caught at the warning track.

@redskull: Well, part of me says that anyone who expects a movie to be rentable the day it comes out in theaters deserves to be ripped off - I believe there are some producers who are working with the idea, but most are still publishing it in the most expensive medium first as far as I know.

But I think that's a bad example anyway. The parody clothing isn't called "The North Facade" or "The North Fake" or something really close. It would be more like people wanting to rent "Transformers" and instead renting "Formless Transistors". The difference is pretty obvious.

U.S. Trademark law, section 43(a):

"(a) (1) Any person who, on or in connection with any goods or services, or any container for
goods, uses in commerce any word, term, name, symbol, or device, or any combination thereof,
or any false designation of origin, false or misleading description of fact, or false or misleading
representation of fact, which-

(A) is likely to cause confusion, or to cause mistake, or to deceive as to the affiliation,
connection, or association of such person with another person, or as to the origin,
sponsorship, or approval of his or her goods, services, or commercial activities by another
person, or
(B) in commercial advertising or promotion, misrepresents the nature, characteristics,
qualities, or geographic origin of his or her or another person's goods, services, or
commercial activities,

shall be liable in a civil action by any person who believes that he or she is or is likely to be
damaged by such act. "

IANAL, but perhaps The North Face could make a case that The South Butt violates section 43(a). Hopefully the judge would not agree, but who knows.

@catnapped: That is not enough to make not similar and confusing in a trademark context.

@sicknick: "Yes, it's warm, but no, you are not sexy wearing it." Isn' that the point of a winter coat? Doesn't that make it not crap? I'm confused.

@wrjohnston19283: Is right.

@billy: You are wrong Johnston has a good brief description.

@Oranges w/ Cheese ontopofBrocolli: Weird Al we are talking copyright which has little to do with this discussion.

@sleze69: We are usually talking copyright with these products as well.

@Jay L.: True that. I didn't even know "The South Butt" existed until the lawsuit threat surfaced.

I like that North Face displays its logo so prominently on gear...that way, I know what to avoid when I go to an outdoor store.

@calquist: Wrap enough down on anyone and they stay warm. Compare the Metropolis with the Patagonia Downtown coat. The downtown does the same thing, but it has a very sexy shape. The metropolis just lookes like some 70's down grandma coat.

That's the difference. Women spending 350 bucks should still have some shape to them.

@jc364: That is probably the case they are making.

@Smashville_makes his own comments at home: You should of said, "YOU LIE!"

@wrjohnston19283: What kind of commentary does rapping about Amish people have?