the south butt

it isn't too often that something from the world of patents and trademarks becomes of general interest, so i like to comment on it when it does.

the north face is suing a clothing company called the south butt for trademark infringement.


the south butt was started by a student from the university of missouri, and they sell things like fleece jackets, hats and shirts. their slogan, "never stop relaxing" is remarkably similar to that of the north face, "never stop exploring."

the north face alleges a litany of violations including: trademark infringement, dilution, false designation of origin, contributory trademark infringement, common law trademark infringement, common law unfair competition, and violation of the missouri anti-dilution statute. the south butt argues that the public knows the “difference between a face and a butt.” according to a patent law blog that i read regularly, that argument might actually be enough to clear them on the straight trademark infringement issue, however, many of the other claims don't require confusion of the products. the case might just come down to what kind of sense of humor the judge has.