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)