In the ongoing saga of apparel warfare, the lawsuit between The North Face and The South Butt continues.  The latest action was the court’s denial of a motion by The South Butt to dismiss the lawsuit.  Read the court order here.  The Judge in this case is apparently not as amused as I am by the witty filings of counsel for The South Butt.  The court order reminds counsel of Rule 11, and states:

Although this filing may not reach the level of frivolity, it approaches the line.

And by that, I don’t believe he meant the line between the two cheeks on that memorable South Butt logo.

An article in the St. Louis Post-Dispatch remarked upon the tenor of the Judge’s comments, questioning whether the humor was appreciated or lost on the court in this case.  Counsel for The South Butt is quoted as saying this case is inherently humorous, which I find inherently obvious.  Let’s hope the humor does not overshadow the important legal question as to the protection of parody and the distinction between these two marks in question.

See previous posts: The North Face Sues the South Butt and North vs. South Update

The USPTO has various Notices alerting an applicant to such things as Allowance, Missing Parts, and apparently, Upside Down Documents.  Yes, you read that correctly.

Blogger Erik Sherman recently outed the USPTO’s archaic practices and equipment with an actual example that is both ironic and hilarious, if not also a bit pathetic.  A practioner submitted documents to be recorded with the USPTO via electronic fax, and received in response a form letter with the following content:

A popular outdoor product company, The North Face, is suing a student-founded start-up company, The South Butt, for trademark infringement.  The North Face complaint includes arguments for likelihood of confusion.  In response to this argument, IP counsel for The South Butt indicated that the public knows “the difference between a face and a butt.”

The South Butt website now includes a disclaimer along the same lines:

We are not in any fashion related to nor do we want to be confused with The North Face Apparel Corp. or its products sold under “The North Face” brand. If you are unable to discern the difference between a face and a butt, we encourage you to buy North Face products.

The answer submitted by The South Butt in response to The North Face complaint is equally comedic, and worth a read.  And if you feel inspired to get involved, you can participate in The South Butt Challenge App available on Facebook.

Hat tip: Patently-O (and Jake – for alerting me to this hilarious lawsuit)

In the category of quirky and fun, here is an antique patent from 1865, when recipes were still considered patentable subject matter.  U.S. Patent 47,545 is for Improved Tomato Soup – and the specification enables you to make an enourmous amount!  If anyone actually tries this recipe out, let me know how it goes.

Ever wonder why pigs became the symbol of saving money? Wonder no more!

Long ago, dishes and cookware in Europe were made of a dense, orange clay called “pygg.” When people saved coins in jars made of this clay, the jars became known as “pygg banks.” When an English potter misunderstood the word, he made a bank that resembled a pig. And it caught on.

Newton’s Telecom Dictionary, p.716. [just don't ask me why its in there]