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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."

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