Intellectual Property – Coursework Example
Intellectual property-The North Face v. The South Butt A trade mark is a kind of intellectual property. Symbols, logos and word phrases are normally trademarked to recognize as well as differentiate a specific service or product from the competition (Twomey & Jennings, 2013). The case of North Face versus The South Butt started when student entrepreneur, Jimmy Winkleman (then 19 years) began his clothing company, called “The South Butt” having the tagline “Never Stop Relaxing” in comparison to North Face’s “Never Stop Exploring.”
South Butt uses a logo which utilizes comparable font to the one of the North face in addition to incorporating a set of curved lines same as those of The North Face’s logo. Both logos have red squares with white design and lettering. The logo of The North Face features a half-dome having 3 ridges. Similarly, The South Butt also has its logo having the same design, however upside down with 2 ridges which Winkleman claimed were meant to conjecture butt cheeks. Additionally, The South Butt also uses a tagline that reads “Never Stop Relaxing”, which again is comparable to the North Face’s “Never Stop Exploring.”Moreover, the North Face logo comprises of a stylized outline of Yosemite’s half-dome apex, whereas The South Butt’s logo consists of 2 stripes curved in a butt-like style upward. It is therefore quite clear that the South Butt is a distortion of the North Face and whose aim was trying to ride on The North Face’s popularity. Thus the use of almost similar taglines and logos are bound to cause confusion, deception as well as mistakes to the general consuming public when buying products of The North Face.
A survey done by the North Face showed that around 35% of people actually may relate The North Face with the Butt face. Thus The North Face customers may even stop buying from the apparel company anymore since as one customer pointed out, one could be thought of donning a “Butt Face”, instead of the original North Face. In conclusion, therefore, this similarity is enough to probably lead to confusing consumers as to the affiliation, sponsorship or source of specific services or problems that could tarnish or dilute the unique quality of the famed as well as distinct The North Face marks (Twomey & Jennings, 2013).
Twomey David, Jennings Marianne. Business Law and The Legal Environment. New York: South-Western Cengage Learning, 2013.