The Butt of the Joke?

Fashionista's fans will remember this post recounting how The North Face sued The South Butt (and its now-19-year-old founder) for piracy. Fashionista was looking forward to finding out how the courts in the US would decide on this case - but it looks as though another "piracy or acceptable parody" case will remain unheard now that The North Face and The South Butt have confidentially settled their dispute.

News of the settlement came last month, but The South Butt website still appears to be up and running. Whilst Fashionista can speculate as to the terms of the settlement, as with all conflicts which settle out of court, the terms of settlement in this case will have been influenced by particular concerns of the two parties, including, for example, the planned longevity of a brand and reasons for setting up a company (in The South Butt's case, to help the founders' parents pay for his US college tuition fees).

Fashionista would be surprised if the settlement allows for continued co-existence of the brands. As the Denver Post reports, Jimmy Winkelmann was seen dishing out The South Butt clothing whilst on his college Spring Break. Given the continued operation of the website, it is more probable that the settlement agreement allows some sort of "wind down phase" in which The South Butt is entitled to get rid of its remaining stock within an agreed period of time - but is not allowed to produce any further stock or continue to use the brand name which caused such offence to The North Face in the first place. Settlements of this sort are not uncommon and are often a speedy, cost effective way of resolving conflicts - without the risk, cost and uncertainty associated with going to court.

But who is the real winner? Even if the terms of settlement are such that Jimmy Winkelmann must (eventually) stop using The South Butt trade mark, reports that he made $100,000 in one month because of publicity regarding the lawsuit suggest that The North Face may, in fact, be the butt of the joke here (for the second time).

Fashionista wonders, was it worth The North Face pursuing this claim? it can't have been cheap for them. Is it worth going after everyone who could potentially be seen to be infringing your marks, or is it better to be selective and pick your targets more carefully? As a result of The North Face bringing its claim, it sounds as though Jimmy Winkelmann got exactly what he was hoping for (legal headaches aside): enough money to fund his way through college - and no doubt, his 15 minutes of fame as an added bonus.

"Does my Butt look funny in this ...?"

It's not just fashion that enables people to express themselves in an individual manner -- humour can achieve the same result. Both are subjective, Fashionista notes, which is why some people really appreciate her latest make-over while others are just plain wrong. So far as humour is concerned, though, delicate sensitivities can be offended -- as the sad little saga of The North Face shows.

The North Face, Fashionista reads, has filed suit in a US court, accusing a teenager of piracy for selling a line of clothing under the brand name The South Butt. This isn't piracy, says the lad, it's satire. According to BrandChannel,

"Many of the world's most prominent brands are satirized in similar fashion on a regular basis, often by substituting irreverent language within the brand's trademark colors and logos. ...

Legal or not, the question remains, does being mocked really hurt a brand? Clearly not all cases are the same. ...

In most cases, these parodies are harmless. The Coca-Cola and McDonald's brands are certainly not losing business over their respective (many) satires. The North Face case, however, may be different as the brand is not a global heavyweight. But the brand does have every right to protect itself.

Now The North Face needs to determine exactly what is, and isn't, a threat to its brand. Otherwise it may end up being the butt of South Butt's joke".

Fashionista wonders whether it isn't the fact that The North Face takes its image so seriously that makes it so ripe for parody; perhaps if it appeared to appreciate the joke its appeal as a target for parody would diminish. Maybe, says Modeliste, but isn't it the fact that The North Face takes itself, its products and its image so seriously the thing that makes it most appealing to its most enthusiastic customers?