North Face Doesn’t Turn Its Cheek On Trademark

There are no ands, ifs, or butts. The North Face Apparel Corp. wants to protect its trademark.

The owner of the registered trademark for The North Face that sells outdoor adventure equipment and apparel has sued The South Butt LLC for trademark infringement and unfair competition.

The South Butt manufactures and sells jackets and T-shirts and other apparel under the name The South Butt both online and in several stores in the St. Louis, Missouri, area.

It its complaint, The North Face alleges that The South Butt applied for a trademark that was opposed by The North Face. Even though The South Butt attempted to withdraw the application, the Trademark Office granted The North Face’s opposition. The North Face alleges that in a settlement proposal The South Butt offered to be purchased for $1 million.

The North Face alleges that The South Butt’s products are “likely to cause initial confusion, mistake and deception among consumers who are drawn to the Infringing Products believing they originate from, are associated with or are otherwise authorized” by The North Face.

While it has yet to file an answer, The South Butt on its website acknowledges being sued and notes, “We believe you can tell the difference between a face and a butt.”

The North Face Apparel Corp. v. Williams Pharmacy, Inc. et al., U.S. Dist. Court, E.D. Missouri, No. 09 CV 02029-RWS.