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