Tuesday, August 7, 2012

The North Face Asks Federal Judge to Sanction St. Louis-Based Firm, "The Butt Face"

Posted By on Tue, Aug 7, 2012 at 4:50 PM

Forget The South Butt; the Winkelmanns have a new venture - IMAGE VIA
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  • Forget The South Butt; the Winkelmanns have a new venture
The North Face is fed up -- once again -- with St. Louis businessman Jim Winkelmann and his college-age son, Jimmy.

Back on April 14, 2010, after much media hoopla, the outdoor apparel giant settled its federal lawsuit against the Winkelmanns, who conceded that their cheeky little company, The South Butt, had indeed infringed on North Face's trademark rights. The Winkelmanns vowed to halt sales.

However, a mere two days later, Jim Winkelmann filed papers to form a new company, Why Climb Mountains, LLC, which then began to hawk a new line of products bearing the logo of "The Butt Face." You can buy their caps, hoodies and tees online today.

So on Friday, The North Face filed a motion federal court, insisting that the Winkelmanns have shown "reckless disregard" for the settlement, and asking for the court to hold them in contempt, levy coercive sanctions to ensure compliance, order them to compensate the North Face for losses and attorneys fees, and abandon the application they filed in August 2011 to trademark "The Butt Face."

Yup: They've even applied for a trademark. We've said it before, and we'll say it again: The balls on these guys!

Up until recently, Jimmy Winkelmann was greeting visitors to The Butt Face's website with the following message (which may set some sort of record for unctuousness):
Hi I am Jimmy Winkelmann - after we put a smile on everyone's face with our The South Butt brand a few years ago we thought there was some more smiling to do. So we put together Why Climb Mountains - a parody clothing company for people who just want to enjoy life and maybe laugh a little at ourselves, after all don't we all need to smile more?
As North Face attorneys see it, "Little Jimmy" is smiling, all right -- all the way to the bank.

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