Posted on 10/19/2009 9:23:17 AM PDT by bs9021
Turn the Other Cheek
Deborah Lambert, October 19, 2009
Until last year, Missouri teenager Jimmy Winkelmann wasn’t planning on being an entrepreneur. But after becoming “frustrated with his classmates’ sheep-like following” of the popular North Face sports clothing, he finally decided to generate his own response.
The result was a line of parody sports apparel called “South Butt.” The idea caught on—but thanks to the popularity of his website offerings, Winkelmann might face a lawsuit for trademark infringement, according to ABC TV News.
It all started when a lawyer for North Face contacted Winkelmann, saying that the similarity of the two logos might cause some confusion among consumers that could “dilute or tarnish the distinctive quality” of the North Face marks. They’re asking Winkelmann to close his online store and drop his trademark application for “South Butt LLC.”
However, the young CEO has no intention of shutting down his business, despite the “cease and desist” request from North Face lawyers. Winkelmann says “South Butt LLC” brought in a total of $4,000 last year, and poses no threat to North Face.
South Butt’s CEO does admit that the logos are similar: the North Face logo “features a half dome with three ridges.” The South Butt logo features an upside-down dome “with two ridges that Winkelmann confirmed are meant to infer butt cheeks.”...
(Excerpt) Read more at academia.org ...
They can stuff their lawsuit.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.