A student, Jimmy Winkelmann, started a clothing company for the less outdoor types. Calling his company the South Butt, he used the logo of outdoor sports clothing company the North Face, and his logo, though reminiscent of a butt (i.e. a pair of buttocks) is not dissimilar to the North Face’s famous logo, though rotated through 180 degrees.
Not surprisingly, the North Face sued. Corporate giants don’t seem to have much of a sense of humour. However, instead of backing down, Winkelmann fought back. The two sides have reached an out of court settlement, the details of which are confidential. What is clear, however, is that the South Butt are still very much in business, and have only gained from the publicity that the North Face’s law suit gave them. Essentially, a local college store has become big business.
Victoria’s Secret eventually won against Victor’s Little Secret, but the sex shop seems to have benefitted from the publicity over a long period of time. The Naked Cowboy who plays guitar in his under-pants in Time Square is suing the Naked Cowgirl who does the same thing in a bikini. She has assets that he doesn’t. I suspect that he may lose a lot of the good PR from his case against M&M where, rumour has it, he paid legal fees for both sides.
Some cases are lose-lose – like when Johnson and Johnson sued the American Red Cross for using a red cross logo. The moral of the story seems to be – pick your battles.
