

Okay, it’s a little bit funny.
At least the first time you see this parody of The North Face’s familiar logo.
But The North Face is not laughing. It is, instead, suing young Jimmy Winkelmann, founder of The South Butt brand, for trademark infringement, trademark dilution, and unfair competition.
Winkelmann isn’t subtle about the inspiration for his line of casual apparel. The South Butt’s tagline is “Never Stop Relaxing,” a play on The North Face’s “Never Stop Exploring.”
On his web site, Winkelmann says, “I thought of The South Butt in response to a growing number of people who continued buying gear and clothes from a brand they really didn’t relate to, but were buying because ‘everyone else was.’
“After seeing the same people wearing the same brands, I decided to create a way to poke fun at the norm, while making an affordable and quality product.”
Despite his disclaimer (”If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.”), he’s not just having fun. He’s selling merchandise — much more now due to the media attention provided by the lawsuit.
An article by Jim Salter of the Associated Press quotes the suit: “They (The South Butt) are marketing apparel that directly and unabashedly infringes and dilutes The North Face’s famous trademarks and duplicates The North Face’s trade dress in its iconic Denali jacket.”
“While defendants may try to legitimize their piracy under the banner of parody, their own conduct belies that claim,” the suit said. Supposedly, The South Butt has twice attempted to register its trademark and once offered to sell The South Butt to the The North Face for $1 million.
Winkelmann is capitalizing on the attention. He’s launched a game on his Facebook page, entitled “Can you tell tell the difference between a face and a butt? Take The South Butt Challenge.” He’s making media appearances. He’s leveraging a brand built by someone else. He’s making money.
“This is bigger than facing down a bully in the school yard,” said Albert Watkins, attorney for The South Butt and Winkelmann. “This goes to the heart of competition, the concept of an open marketplace, and the freedom of the public to make their own choice.”
So which is it? A parody, free enterprise, or a rip-off?
Are The North Face customers confused? Not likely.
Are they switching brands? No.
Is The South Butt a long-term threat to The North Face’s market share? No.
For The North Face, this is not about money.
It’s about demonstrating, for legal reasons, that they are willing to defend their brand. One of the ways a brand keeps its trademarks defensible is by proving it will not tolerate copycats. Putting Winkelmann out of business would send a message and serve to scare off other potential interlopers.
But there’s a risk. Legal action and continued media interest may make The North Face look humorless, corporate and stodgy. A heavy-handed handling of this frat-boy joke and the accompanying bad PR may not appeal to its younger customers. (Currently, The North Face does not respond to questions about the lawsuit and does not reference the issue in its social media. So much for transparency.)
How do you think The North Face should handle this?
Drop the lawsuit and be a good sport?
Or scuttle the Butt?