MicheleThePasserineGirl: I must be old and out of the loop, fashion wise. I never heard of North Face until another thread about it a few months back, and now, every 20 something girl I see is wearing a North Face jacket. But the jackets ugly and generic and I just don't see why they like them so much - can anyone explain the appeal?

Big poofy warm upper jacket that sits above the waist line. This, by comparison, makes the skin-tight legging-clad ass and legs look even more svelte and skinny. It also ensures that only half of your body will be freezing, in hopes that the toasty jacket will make up for the undredressed ass.

Any big poofy jacket would do the same job, but fashion-conscious chicks are all about brand names.

UNC_Samurai: ph0rk: /Nuke the site from orbit, only way to be sure.
//Leave Christy's Euro-pub alone, though.

You could drop the nuke directly on Christy's and it would still be there. The place is held together by cockroaches and dinge.

/save me my seat on the patio


Damnit, now I really want a pub burger with a fried egg.

I'm not so sure about that headline. Has anyone at "The South Butt" ever worked in retail? The majority of the general public are goddamn farking morons.

erik316wttn: I'm not so sure about that headline. Has anyone at "The South Butt" ever worked in retail? The majority of the general public are goddamn farking morons.

I think a valid point to be made is that no one few that would buy one product would buy the other.

Theaetetus: Parody claim doesn't work so well when you are making a bunch of money off it, and you offer to stop for $1 million.

Agree on the second half, but lots of multi-million-dollar parody exists out there. What about Wierd Al, or Mel Brooks? MAD Magazine?

This: Agree on the second half, but lots of multi-million-dollar parody exists out there. What about Wierd Al, or Mel Brooks? MAD Magazine?

Those aren't trademark infringement cases, they're copyright, and copyright infringement has exemptions for artistic use. Here, the mark is being used to show origin, which makes it a trademark use.

Dan2ine:

Beat me to it.

I love it. In fact I bought a hoodie, hat, and t shirt just to rub it in the noses of all the yuppie North Face wearing wannabe-adverturers.

And I own some North Face gear as well. I use mine for actual hiking/camping/etc. - not bar hopping. It does take a beating, however Columbia stuff is just as good and costs less, so I usually get that.

/have actually climbed Half Dome
//the dome side - not the face. I'm not insane
///well - not totally insane, because I want to.

what about a frontbutt?

MicheleThePasserineGirl: I must be old and out of the loop, fashion wise. I never heard of North Face until another thread about it a few months back, and now, every 20 something girl I see is wearing a North Face jacket. But the jackets ugly and generic and I just don't see why they like them so much - can anyone explain the appeal?

I don't know. Post a better picture and I'll think about it...

I hope for his sake the court shares the sense of humor he injects into his pleadings.

MicheleThePasserineGirl: I must be old and out of the loop, fashion wise. I never heard of North Face until another thread about it a few months back, and now, every 20 something girl I see is wearing a North Face jacket. But the jackets ugly and generic and I just don't see why they like them so much - can anyone explain the appeal?

I wear one because I live in Chicago and it is damn cold here - they actually are good jackets

"In the case of Large Corporation Without A Sense of Humor v. Small Company With A Sense of Humor I find the small company quite amusing."

I agree with theaetetus on this one.

II - 1st Amendment - Freedom Of Expression - All counts
8. Defendant's speech is noncommerical speech entitled to to the fullest protection under the first amendment...


You make money off of your product so you cannot claim it's noncommercial. If you're selling a brand than that argument is very weak.

MicheleThePasserineGirl: I must be old and out of the loop, fashion wise. I never heard of North Face until another thread about it a few months back, and now, every 20 something girl I see is wearing a North Face jacket. But the jackets ugly and generic and I just don't see why they like them so much - can anyone explain the appeal?

It's kinda like kids today saying the Beatles sound old and tired. North Face has been around forever and they basically popularized that parka style. What you call "generic" parka looking jackets are actually North Face knockoffs. North Face makes top of the line gear that goes places like Antarctica and Mt. Everest. Not just jackets, tents, sleeping bags, etc.

It's a case of conspicuous consumption. Since the parka look was popularlized by rappers, North Face is about the most expensive one you can buy. Like buying an escalade instead of a Bronco. No reason for it except everyone knows you have the money to pay more for the same thing.

Congratulations - your generation has found its "Members Only"

Oh god, that Hello Kitty machine....

I never check Fark at work, and now I know why....

/not so successful at stifling the laughter

Theaetetus: Big Black: Theaetetus

Parody claim doesn't work so well when you are making a bunch of money off it, and you offer to stop for $1 million.
Also, focusing on the likelihood of confusion ignores the dilution, tarnishment, and unfair competition claims, not to mention the bad faith trademark registration attempt.


spoken like a true lawyer.....

... and...?
When we're having a legal discussion, then saying "yeah, well, you sound like a lawyer" isn't insulting or disparaging of my arguments in the slightest, you realize.

I think the point might be that by stating the facts of the issue in an objective manner as you did completely overlooks teh funny and makes the guys look a little like a bunch of asses.

North Face actually makes, or at least made, excellent gear. They used to have an outlet store in Palo Alto, and about 20 years ago I bought a ski jacket there. I still have it and it is still my preferred coat in really cold weather.

Ball of Confusion: Congratulations - your generation has found its "Members Only"

Biggie was rapping about North Face decades ago...

I'm sure North Face will cite the "Got a match?" precedent in their reply.

CheekyMunky: , I would say, at least among the Mac-using demographic.

And FTFA: North Face asserts that South Butt is sewing confusion

Sewing? Really?

The best part about that is I doubt the author of the article intended to make a weak pun.

I think the "South Butt" thing is funny. Using the logo is where they cross the line for me.

Also, I want to see Captain Morgan and Admiral Nelson in a cage match from hell.

I bought my daughter a NF jacket because it was $20 at REI on sale. I can not understand paying $200 for some fleece.

Obviously, they haven't met my ex.

MicheleThePasserineGirl: I must be old and out of the loop, fashion wise. I never heard of North Face until another thread about it a few months back, and now, every 20 something girl I see is wearing a North Face jacket. But the jackets ugly and generic and I just don't see why they like them so much - can anyone explain the appeal?

It's outdoor chic, meant to proudly display their kinship to the rugged and daring community of climbers and mountaineers. Yuppies love to say "this jacket is rated down to -15 degrees". Because if it weren't for the kids and work schedule, God knows they'd be out there curled up in a snow cave every weekend. Getting the gear is at least a good first step. Meanwhile, some grizzled 60 year old is ice climbing in a $14 hoodie he bought at Walmart.

At work I have encountered someone who proudly wears a rigger belt that he claims can support 8000lbs, but he doesn't know how to tie anything beyond a square knot...

thurstonxhowell: I highly doubt that, since they haven't figured out the ass vs hole in the ground conundrum yet.

Also unclear on the distinction between ass and elbow.

Looks like the North Face has been ripping off someone too.

Wait a minute... which one is talking?

"A cherubic teenager..." I love counsel already.

I would've named it "The South Butte," but that's just me....

Johntherev: I would've named it "The South Butte," but that's just me....

Was thinking the same thing.

Apparently the public has not met my sister-in-law.

linxdev: I bought my daughter a NF jacket because it was $20 at REI on sale. I can not understand paying $200 for some fleece.

This. It's been my experience that KMart fleece keeps you just as warm, even when wet, as trendy, spendy logo-gear. Might not last QUITE as long, admittedly, but given the price differential...

ZeroPly: some grizzled 60 year old is ice climbing in a $14 hoodie he bought at Walmart.

Yup!

dstanley: I'll just leave this here.

We have that towel! My parents got it for my husband a few years ago as a joke. But I actually use it as a hair towel because it's kind of small.

/fun facts

ms_lara_croft: UNC_Samurai: We have a horrible problem in Greenville right now. ECU's campus has suffered from overpopulation of Northfacius Uggslutticus. The primitive creatures, with an orange tint to their skin can be seen running all over the place wearing North Face jackets and Ugg Boots. We're trying to cull the herd using eugenics, but sadly some clinics in the area are starting to offer treatments for the germ warfare introduced to thin their ranks.

Easy to deal with. Open an Abercrombie and Fitch. Then weep for your soul.

Not really certain that would classify as a speciation event.

Would he have gotten away with "South Butte?"

Theaetetus: Parody claim doesn't work so well when you are making a bunch of money off it, and you offer to stop for $1 million.
Also, focusing on the likelihood of confusion ignores the dilution, tarnishment, and unfair competition claims, not to mention the bad faith trademark registration attempt.

I disagree (my inferior penis size notwithstanding). Commercial success is not a barrier to an successful parody defense. Further, defense counsel has rightly identified likelihood of confusion as the only legitimate theory of the plaintiff's case, and the fact that he realized has was not sufficiently funded to carry out a trademark registration battle with a multinational corporation hardly constitutes a bad faith registration attempt. Legally, I think the kid is on pretty solid ground, Unfortunately, because of the way our federal civil system is set up he is almost certainly going to lose in the end.

The case is a close enough call that it will survive the pre-trial maneuvering by both sides to dispose of it. Then the very well funded corporation will bury this kid in an expensive and unending avalanche of discovery requests, depositions, requests to admit. . . . yada yada yada, and young budding businessman will soon have no choice but to fold.

Shame in my opinion.

FTA While North Face asserts that South Butt is sewing confusion and mistake among consumers, and deceiving them, the parody company, intent on a 1st Amendment defense, insists that that "the consuming public is well aware of the difference between a face and a butt."


Well that's, just adding insult, to, injury,

Dan2ine: Yup.

Didn't take long to scroll down and see the picture I was hoping for here. :D

I wouldn't be too sure about that.

AxL sANe: however Columbia stuff is just as good and costs less, so I usually get that.

I wear a Columbia jacket myself, one of the "ski shell with fleece liner" types. I'm no outdoorsman, but I do walk pretty much everywhere so in the winter it's awesome.

It seems to my untrained eyes that while a few years ago girls had North Face jackets of that style too (you can still buy them for both "unisex" and femmy), now it's all about the puffy segmented down jackets ONLY. You know, the ones that make the upper body look like the Stay Puft Marshmallow Man. Ideally with a hood, lined in some sort of fake fur.

Not my thing...

Kazan: North Face is a good outdoors outfitter, wearing there stuff just became trendy.

I've heard that, as their stuff became trendy, they had to cut corners on the quality to be able to keep up with demand, and that, consequently, it's not as good now as it used to be.

My L. L. Cool Bean Baxter State Parka has been up for replacement for a couple years now--it's at least 15 years old--and although the down is starting to shift a bit, especially in the arms, it's still my go-to outerwear when I'm going to be out in sub-zero (F) weather for extended time. I just love the down-packed hood; I didn't know what "toasty" felt like until I wore it to my first Winter Carnival Torchlight Parade.