The lawsuit, filed in federal court in St. Louis, seeks unspecified damages and asks that South Butt's 19-year-old founder, Jimmy Winkelmann Jr., be prohibited from marketing and selling spoof T-shirts, fleece jackets and sweatshirts on its site.

Winklemann, 18, created The South Butt two years ago and began selling them through Williams Pharmacy, which owns four drug stores in the St. Louis area. The brand features fleeces, T-shirts and other apparel adorned with a square white on red logo that is very similar to TNF's iconic logo. The South Butt uses the tagline “Never Stop Relaxing” in a parody of TNF's “Never Stop Exploring.”

According to the complaint, TNF claims that South Butt's products are “causing confusion, mistake and deception among the general purchasing public.” In its lawsuit, TNF alleges James Winkelmann Jr., Williams Pharmacy and The South Butt LLC infringed on its patent with their parody product.

“While [South Butt] may try to legitimize their piracy under the banner of parody, their own conduct belies that claim,” North Face argues.
“Unfortunately, and inevitably, The North Face's success attracts opportunists seeking to pirate its famous trademarks for their inferior knockoffs,” TNF counsel added. “The three defendants named here are merely the latest in a long line of such opportunists. They 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.”

The company threatened legal action in August after learning of Winkelmann's e-commerce website. He refused, and in September offered to sell his company to The North Face for $1 million. Winkelmann has since withdrawn the offer and plans to expand the manufacture and sale of its line nationwide in the spring, the suit alleges. The company is soliciting additional retail locations and campus reps to represent the company on college campuses.

In a statement, The South Butt's attorney, Albert Watkins, says the company was started by Winkelmann to help pay for college.
“The South Butt has previously made it clear to the North Face that the consuming public is insightful enough to know the difference between a face and a butt,” he said.