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Thursday, August 9, 2018

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The South Butt, LLC was a clothing and accessories company. The South Butt was founded in May 2007 by Jimmy Winkelmann Sr. and Jr., the latter being a 16-year-old student at Chaminade College Preparatory School. The South Butt dissolved in June 2011.

Winkelmann Jr. claimed the company was a parody of The North Face, an American outdoor product company. In August 2008, The North Face sent a cease and desist letter to Winkelmann threatening to sue him if he did not "cease all promotion and sales of South Butt products and abandon his trademark registration application." According to The North Face, his "use of the South Butt & design mark and the Never Stop Relaxing tagline [was] not defensible as a parody[.]" The North Face sought an amicable resolution of the matter, his voluntary abandonment of the pending trademark application, and his immediate discontinuance of his company's name, mark, and tagline. In response, Winkelmann offered to sell his company to The North Face for $1 million, an offer that was later rescinded by Winkelmann as The South Butt grew.

In December 2008, The North Face filed a lawsuit in the United States District Court for the Eastern District of Missouri against Winkelmann, The South Butt, and Williams Pharmacy, a company which handled the products' marketing and manufacturing details. The court ordered mediation in the case, and on April 1, 2010, the parties reached a closed settlement agreement. Two days later, Winkelmann Sr. formed a company called "Why Climb Mountains" which sold "The Butt Face" products. In October 2012, the Winkelmanns admitted in court that they violated the settlement agreement with The North Face. In addition, the court ordered them to abandon a trademark registration application for The Butt Face, shut down their web store and Facebook page, surrender all merchandise, and pay $65,000, an amount that will be reduced by $1,000 for every month of compliance.


Video The South Butt



References

Source of article : Wikipedia