ST. LOUIS (CN) – The founders of the South Butt parody line of clothing admitted in Federal Court that they violated a settlement agreement with The North Face.
In a consent judgment filed Tuesday, James Winkelmann Sr. and Jr. agreed to abandon their trademark application for “The Butt Face,” cease sales of products, silence all social media promotions and take down YouTube videos posted by their relatives.
The Winkelmanns also agreed to pay $65,000, but that amount will drop by $1,000 for every month of compliance.
The Winkelmanns launched “The Butt Face” in 2007 as a parody line. North Face sued for trademark infringement in 2009.
The parties settled in 2010, but just 2 days later Winkelmann Sr. formed a company called “Why Climb Mountains” which sold “The Butt Face” products.
North Face filed a contempt motion in August against the Winkelmanns and their company.
In an order filed this month, U.S. District Judge Rodney Sippel said The North Face would easily meet its burden to prove that the Winkelmanns violated the 2010 settlement. That order paved the way for the consent judgment.
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