After receiving national media attention, the University of Missouri student behind The South Butt parody apparel brand quietly settled on April 2 a trademark infringement suit with The North Face in an out-of-court settlement. Terms were not disclosed and The South Butt web site continued to offer the apparel for sale online Friday.
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 TNF, also declined to comment.
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 fleece, 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 and in a few pharmacy stores in the St. Louis area.
Winkelmann had made only about $5,000 in profits from 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.
