Face and Butt See Eye-to-Eye

We have previously discussed the North Face/South Butt lawsuit, here. It was a lawsuit of the piracy/parody type, with one side claiming piracy and the other claiming parody. It seems that the two sides have come to an agreement to turn the other cheek.

Although the details of the agreement are under wraps, the South Butt is still in business and still using the tag line “Never Stop Relaxing” (where the North Face tag line is “Never Stop Exploring”). The lawyer for the South Butt replied “the consuming public is well aware of the difference between a face and a butt … .”

I’ve got to figure that the lawyers for The North Face told management that this was a clear case of parody, but management decided to go ahead anyway. I’ve also got to figure that the non-disclosure aspect of the settlement means that the plaintiffs did not get the result they wanted. But then IANAL.

The lawsuit and ensuing publicity has dramatically increased sales of South Butt merchandise.

Interestingly, The North Face was represented by Bryan Cave, a law firm with which Professor Turley has worked in the Porteous impeachment case, and the World Bank protest trial.

H/T: The Am Law Daily

-David Drumm (Nal)

11 thoughts on “Face and Butt See Eye-to-Eye”

  1. I’ve got an idea for a name for a new kind of confrontational therapy for those who are having a hard time addressing their weight problems: ButtFaceIt. I haven’t designed the logo yet.

  2. nal,

    I’ve been thinking about your FaceButt parody. While I like it and you’ll get no court challenge from me, you might want to keep an eye out for Zuckerberg and his FaceBook legal goons. They did just try to trademark the word “face”.

  3. I wonder how much money was spent litigating this issue when it was a clear parody? Buddha, I do like the ButtFace clothing line idea. I think that I wore that line of clothing during my college days.

  4. Good. Now the path is cleared for my new line of break away clothing for the sloppy falling down inebriated – ButtFace.

  5. Well, I suppose the Butts of the world win, when they are faced in the right direction….

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