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

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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.

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South Butt Apparel Gets Shout Out from Zealously "St. Louis" Rapper, Corle 2 Da

We all know Corle 2 Da is incredibly pro-St. Louis, but his new track is so incredibly pro-South Butt, we asked the controversial apparel company's lawyer, Al Watkins, if Corle 2 Da got paid to do it.

Said Watkins: "This was a spontaneous gesture by the rapper, who in his own right is a genuinely talented artist." Mmm-hm.

Daily RFT Exclusive: South Butt and North Face Settle in Federal Court

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It's finally over, folks.
The federal civil suit filed by outdoor apparel giant The North Face against a small local parody company called The South Butt has finally concluded.

When asked about the status of the case Friday afternoon, South Butt attorney Albert S. Watkins said that "the parties have resolved the matter amicably."

Uncharacteristically, Watkins declined to say more. Updates to come...

A Heated Deposition Turns the South Butt Case Into One Giant "Clusterf@#k"

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Remember how The South Butt LLC -- a Mizzou freshman's apparel company that's getting sued by The North Face for trademark infringement - has that motto, "Never Stop Relaxing!"? Well, on Friday, the student's father, Jim Winkelmann Sr., stopped relaxing.

Eighteen minutes into a deposition held by the apparel giant's lawyers, he grew so enraged  that a recess was called.

Now he's demanding that North Face's attorneys at Bryan Cave withdraw from the case, insisting that the firm once represented him and is now drawing on that familiarity to impugn his character. Throw in concerns about stalking, and we have on our hands what South Butt attorney Albert S. Watkins calls, "a monumental clusterfuck."

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Judge Orders South Butt, North Face to Reach Agreement on Un-anatomical Differences

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The most dangerous place to stand in St. Louis? Between attorney Albert S. Watkins, above, and a news crew's microphone!
A federal judge has ordered the outdoor clothing giant North Face and the tiny local apparel company it's suing, South Butt, to try to work out a solution to their conflict through mediation during the last few weeks of March.

Albert S. Watkins, attorney for South Butt and its founder, Mizzou freshman Jimmy Winkelmann, said that a court-ordered hashing-out of differences is common in civil cases.

Normally, it follows an exhaustive discovery process, but in this case, Watkins said, "there didn't seem to be any facts in dispute. This one is not complicated." 

The implication being that interpreting those facts is the sticking point -- and oh how sticky it's been. We'll leave the substance -- whether or not South Butt is truly a parody, as Watkins insists -- for another post. For now, let's discuss style. We've already blogged about Watkins' cheeky answer to North Face's initial claims.

What was interesting was how, last week, the heretofore restrained counsel representing North Face finally showed flashes of its own smart-assery (click here for the filing). Voila an excerpt:More »

Mary Queen of Peace, a Catholic Grade School in Webster Groves, Bans South Butt Apparel

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The administration of Mary Queen of Peace School has sent a letter to parents saying that "attire with a logo the opposite of North Face" is considered "inappropriate at school."

Principal Gerry Kettenbach PhD, was obviously referring to South Butt, the knock-off apparel line launched by Chaminade grad and Mizzou freshman Jimmy Winkelmann.

Surely Winkelmann's attorney, Albert S. Watkins, has nothing to say about this. Oh wait.
"The South Butt applauds Dr. Kettenbach and The Mary Queen of Peace Parish School for recognizing the difference between a face and a butt [said Watkins, and] only wishes North Face would have consulted with Dr. Kettenbach prior to initiating its lawsuit..."

South Butt Lawsuit Gets the NPR Treatment, Tune In Tonight to Marketplace

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Apparently we were not slipping into the warm embrace of a public-radio-induced coma last night when we heard Marketplace host Kai Ryssdal promo a story on the South Butt lawsuit.

"You weren't dreaming," confirms Clayton attorney Albert Watkins, who says the segment will air this evening on Marketplace (6 - 6:30 on St. Louis Public Radio 90.7 FM). Watkins is representing Mizzou student Jimmy Winkelmann, owner of apparel line South Butt in a trademark suit brought by North Face.

Says the florid-tongued Watkins of tonight's nationally-syndicated interview on NPR:

"It's pretty damn exciting when the pinnacle of the elite news world has deemed you worthy of coverage."

"Rump, Bootie, Bottom": Top 7 Rhetorical Flourishes in South Butt's Latest Filing

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What, Jimmy worry?
If ever a defendant mooned a plaintiff with a court filing, this was it.

South Butt LLC, the local apparel company being sued by North Face, has responded to the latter's lawsuit and request for unspecified damages with a motion to dismiss and this, shall we say, colorful 18-page answer. Below are some highlights. Do keep in mind that this document was filed in federal court

[South Butt was] built on the dreams of Jimmy Winkelmann, a cherubic teenager, budding entrepreneur and college freshman from the heartland of America.
["The South Butt" evokes] the soft undercarriage of the non-mountain climbing human anatomy, commonly known and referred to in non-salacious form as, among others, rump, bootie, bottom, buttocks, posterior, rear, saddle thumper and butt
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South Butt's Jimmy Winkelmann Calls North Face Lawsuit "Best Christmas Present Ever."

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"I don't know, a coupla wavy lines..."
Sure, Jimmy Winkelmann's hair might look real agitated (like that guy at the beginning of Ghostbusters who keeps getting shocked by Bill Murray).

But in spirit, the 18-year-old Mizzou student, creator of the North-Face-parody company South Butt, is as calm as a Hindu cow over the federal lawsuit aiming to shut down his operations

In fact, he recently told KSDK News Channel Five that he didn't even understand why he was getting sued by the outdoor apparel giant North Face because:
  • The North Face logo has three bars, while South Butt has only two.
  • The two logos employ different fonts.
  • The only word in common is the word, "The."
He also says that the lawsuit, which caused a sales explosion for his small company, was "the best Christmas present ever."

Check out the interview below.




North Face Files Federal Suit Against St. Louis Teenager and His "South Butt" Company

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Remember Jimmy Winkelmann, the cheeky 19-year-old Chaminade High School grad whose North-Face-knockoff line of apparel -- The South Butt -- drew threats of a legal action in August, followed by international media coverage? Hilarious, yes?

The North Face apparel corporation isn't laughing. They filed suit last Thursday in Missouri's federal Eastern District to get Winkelmann to stop infringing on their trademark and product rights.

"While [South Butt] may try to legitimize their piracy under the banner of parody," the complaint reads, "their own conduct belies that claim."

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