Support Local Journalism. Join Riverfront Times Press Club.

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

Page 2 of 4

Jimmy Winkelmann is up to more mishchief with The Butt Face
  • Jimmy Winkelmann is up to more mishchief with The Butt Face
They've attached to their motion a printout of a thread that Jimmy started on Reddit last March. Asked by one user, "How are u planning not to get into legal trouble again?" Jimmy responded: "My goal is to make money..."

As a matter of law, parodies and profit-making are not always mutually exclusive, argues the Winkelmanns' attorney, Albert S. Watkins.

"The courts are split on this," he says. "Revenue is not, in and of itself, dispositive of whether parody can continue. That's an oft-debated issue in federal courts."

North Face counters in its pleadings that the Winkelmanns can't hide behind the protective cover of "parody" this time, as they tried to do last time, because the settlement does not allow exceptions for parodies.

Watkins asserts that the new company, Why Climb Mountains, was not a party to that agreement. And in any case, he adds, the plaintiff has known about the new products for a while now.

"I am really shocked that the North Face has waited years to address any concern about the Butt Face."

Tags: ,

Support Local Journalism.
Join the Riverfront Times Press Club

Local journalism is information. Information is power. And we believe everyone deserves access to accurate independent coverage of their community and state. Our readers helped us continue this coverage in 2020, and we are so grateful for the support.

Help us keep this coverage going in 2021. Whether it's a one-time acknowledgement of this article or an ongoing membership pledge, your support goes to local-based reporting from our small but mighty team.

Join the Riverfront Times Club for as little as $5 a month.

Read the Digital Print Issue

September 22, 2021

View more issues


Never miss a beat

Sign Up Now

Subscribe now to get the latest news delivered right to your inbox.

Best Things to Do In St. Louis

© 2021 Riverfront Times

Website powered by Foundation