The North Face and The South Butt, a parody apparel manufacturer founded by a University of Missouri freshman, settled out of court Friday. Terms were not disclosed.
South Butt attorney Albert Watkins told The American Lawyer magazine that the matter had been “amicably resolved” while saying he could not discuss details of a settlement. Attorney David Roodman, who represented The North Face, also declined to comment.
The South Butt Web site provided no mention of a settlement and continued to offer the apparel online.
Jimmy Winkelmann, now 19, created The South Butt in 2007 while in high school as a way to mock those who wear The North Face products. 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.” It is primarily sold online as well as in a few pharmacy stores in the St. Louis area.
Winkelmann had made only about $5,000 in profits off the apparel line as of last August, when he received a letter from The North Face, threatening legal action unless he stopped selling his products immediately. The North Face filed a lawsuit in mid-December that claimed that besides making money on the reputation of The North Face name, South Butt’s products are confusing the buying public.
Winkelmann and his lawyers long maintained that The South Butt was an obvious parody and that no one was going to confuse it with The North Face. The case also gained widespread publicity in the national media.
The federal court in January had ordered mediation in the case. It was to commence Friday, but the parties came to an agreement late Thursday evening, according to Watkins.
