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)

Microsoft released a supplemental patch for Office 2007 that is required for the United States in order to comply with the injunction of August 12, 2009.  From the Microsoft OEM Partner Center:

After this patch is installed, Word will no longer read the Custom XML elements contained within DOCX, DOCM, or XML files. These files will continue to open, but any Custom XML elements will be removed. The ability to handle custom XML markup is typically used in association with automated server based processing of Word documents. Custom XML is not typically used by most end users of Word.

A company out of Nebraska, Prism Technologies LLC, has sought an import ban on the Blackberry Curve model claiming patent infringement.  The Curve model is one of the iPhone’s fiercest competitors.  Read more here.

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.

Judge Davis of the U.S. District Court for the Eastern District of Texas entered a final judgement against Microsoft today, following a jury verdict issued on May 20, 2009.

The suit originated in 2007, when Canadian software firm i4i Ltd sued Microsoft for infringing their U.S. Patent 5,787,499.  The suit alleged that Microsoft knowingly infringed on this patent in its Word application and its Vista operating system.

The judgement entered today includes a permanent injunction prohibiting Microsoft from selling or importing to the United States any Microsoft Word products capable of opening .XML, .DOCX, or DOCM files containing custom XML.  Microsoft must comply with the injunction within sixty days.  Microsoft is also required to pay total damages and interest of more than $290 million to i4i Ltd.

Interesting article on why this shouldn’t worry Word users here.

Update: Good blogpost here that breaks down the injunction terms, infringed claims, and more