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Saturday, May 19, 2012, 12:36 AM Jackson Hole, Wyoming About ThoughtShaker

04.09.10 North Face Settles With South Butt

By Chris D.

South Butt - 2

This past fall, much attention was given to a cocky college freshman in Missouri for starting a clothing company parodying The North Face aptly named "The South Butt." North Face sent a cease and desist, but the Freshman further drew their ire by publicly poking fun at the letter and hiring a lawyer (rumors have it that the kid raked in hundreds of thousands after the negative press hit national news). North Face sued and now it appears the two parties have settled out of court... Interestingly, thesouthbutt.com continues to sell the rip-offs and shows signs that the operation has been ramped up since the last time we visited the site in December 2009. There are more photos, a tab for media to inquire and a dedicated office in Missouri for shipping with employees. Now that the case is "amicably resolved," I'd give my firstborn to know what The North Face thinks they got out of this whole thing other than a bunch of bad press.

SportsOneSource Media:

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.

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