TNF sues teen over "the south butt"

I drudged this up from last year's Property Law notes:

V. Elements of trademark infringement action:
(1) That P possesses a mark;
(2) That D used the mark;
(3) That D’s use of the mark occurred “in commerce”;
(4) That D used the mark “in connection with the sale, offering for sale, distribution or advertising” of goods and services;
(5) That D used the mark in a manner likely to confuse consumers.

Seems like it will come down to proving elements (2) and (5), and that it could go either way, but I certainly don't know enough about trademark law to make any sort prediction. The mark here is upside down and missing the innermost piece, but in some ways it is still the mark. Element (5) might be a jury question (not that it'll ever get there).

The North Farce? Take a hundred dollar jacket, sew a North Farce logo on it and it sells for three"

Ha! Try a 25 dollar Taiwan made jacket that gets the expensive logo. When superb gear companies head into the cash cow of fashion apparel, well I say screw them.

Charles Vernon wrote:I drudged this up from last year's Property Law notes: V. Elements of trademark infringement action: (1) That P possesses a mark; (2) That D used the mark; (3) That D’s use of the mark occurred “in commerce”; (4) That D used the mark “in connection with the sale, offering for sale, distribution or advertising” of goods and services; (5) That D used the mark in a manner likely to confuse consumers. Seems like it will come down to proving elements (2) and (5), and that it could go either way, but I certainly don't know enough about trademark law to make any sort prediction. The mark here is upside down and missing the innermost piece, but in some ways it is still the mark. Element (5) might be a jury question (not that it'll ever get there).

Not sure why you think this won't go to trial. You're probably right based on the general fact that the overwhelming majority of cases settle, but similarly silly parody cases have led to published appellate decisions:

This seems at least somewhat close to the Lardache case, which is summarized below. The full decision is at openjurist.org/828/f2d/1482

For the younguns, "Jordache" was a popular brand of designer jeans in the 80s.

"This case, a trademark infringement action brought against a manufacturer that identifies its blue jeans for larger women with a smiling pig and the word "Lardashe" on the seat of the pants, reminds us that "you can't make a silk purse out of a sow's ear."1 Appellant Jordache Enterprises, Inc., alleges error in a district court decision finding no likelihood of confusion between the Jordache and Lardashe trademarks and finding no violation of New Mexico's antidilution statute. We affirm."

Hmm, that's not what I meant to say. Should have said "not that it'll necessarily get there." I'm a law student so I don't have a great sense of which cases tend to get to trial, especially in areas like trademark law. Chances are, as you say, that it probably won't, but who knows. This guy's lawyer sounds kinda spunky.

Reminds me a little bit of the only case we studied on the subject, PETA v. Doughney. Doughney registered the peta.org domain name for his site, "people eating tasty animals." If I recall correctly one of the chief issues there was also whether Doughney's use of the mark would tend to "confuse the public." I do recall that PETA won.

I don't like the clothing of either co. But it seems TNF is just pissed at being made fun of. There should be no case, IMHO it is a different logo, and a different name. I hope this goes to trial and TNF gets laughed out of court. What a bunch of up-tight assholes.

Joe Huggins wrote:I remember that J-Rat altered the old tsunami picture from the Chouinard catalog; renamed it "Jratonia"-"Disastrously Good Gear", and put it on T shirts. Patagonia didn't find it amusing-sent him a cease and desist letter; so he printed the letter on the back of the remaining shirts. Now there's a collectors item.

Yeah, that's a funny story, even more funny when Chouinard hired him.

Was "Ratagonia" with a rat and a volcano in the background. One of my climbing partners still sports that shirt upon occasion. We were on an approach in the Tetons and someone offered to buy it from her on the spot for a 100 bucks.

Tom posts as "ratagonia" on the 'net on a site or two...

I seem to recall a restaurant in Moab that had a "hard rock"-esque logo that had to change as well.

South butt...too funny.

Doesn't anyone have a sense of humor anymore in these tightass times? It's FUNNY, so laugh and get on with life TNF. I'd sure like to have one of the shirts. Still have a half rotted out 'Hardman' shirt from way back in early 80's.

Chris Drover wrote: That's the spirit, kid.

+ 10 to that haha stick it to the man!

Too funny. I had to buy a t-shirt.

Tits McGee wrote:This guy should be sued too!

I know the guy who made those shirts, he doesnt make them anymore, because he got a cease and desist order, but I believe it was from GDP (Grateful Dead Productions.)
steal your logo

A few years ago I had an old pair of their gloves listed on eBay and was sent an email saying I was infringing on something or rather and if I did not close the auction (at the request of TNF) my account would be closed. Same listing format as the other 1000 items I've sold over the years with no issues. Didn't really understand, but closed the auction and have never purchased another product of theirs again(which I didn't much anyway - generally it is garbage).

Officious pricks. Hope that kid filled his kitty while he could.