Consumers Confuse Your “Face,” My “Butt”?

North Face v. South Butt settled out of court on Apr. 11, 2010. Nobody’s sayin’ nothin’ about the terms beyond “no comment” or “The matter has been amicably resolved between the parties” (nobody was quoted as saying “If we told you, we’d have to kill you” but it may be implied).

But(t) – even though Plaintiff was after a permanent injunction against marketing pretty much anything with a South Butt trademark, Defendant’s website is still up a month later and even features a “South Butt rap.” Score one for the smartalecks; I am so freaking glad the law hasn’t been able to suck all the humor out of the marketplace yet. A couple of the broader interpretations of trademark dilution and and the “goodwill-hitchhiking” aspects of unfair-competition law could do that someday if we’re not careful. Continue reading