On Wed, 3/17/10, The South Butt, LLC <firstname.lastname@example.org> wrote:
From: The South Butt, LLC <email@example.com>
Subject: News from The South Butt, LLC
Date: Wednesday, March 17, 2010, 10:08 AM
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Why Climb Mountains Gazette
The Official Newsletter of The South Butt, LLC
In Our First Issue
The North Face v The South Butt Lawsuit Update
Conversion Kits for Childrens Hospital
Our Little Pooper Series
Some of Our Spring Product Ideas
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19th Hole Series
Men's Golf Shirt
Made in the USA!
TV News Story
Over 23,000 Fans
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Over 13 Million
The South Butt In
We wanted to reach out to all of our customers who have purchased The South Butt gear from
our online store to say thank you and to:
Provide an update on the ongoing lawsuit that The North Face launched against The
South Butt last December.
Share with you our latest charity campaign "Convert for Children's Hospital" and let you
know about our new product offerings.
Since December 1, 2009 almost 14,000 people have purchased The South Butt clothing from
our Online Store. Additionally there are about 23,000 FaceBook Fans .
We chose Constant Constant to deliver this Gazette because we wanted to give all of our fans
the ability to opt out of future emails. Please click on unsubscribe above if you no longer wish to
receive our emails.
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The North Face v. The South Butt - The Legal Battle is Looking More Like a
Scene from Animal House
We founded The South Butt in 2007 - a little known company set to make fun of
all of the people wearing The North Face who weren't climbing mountains -only
social ladders! Although we were not hiding It took The North Face over
two years to find us and file a lawsuit in the US District Court in St. Louis (read
the entire claim). Among other things, The North Face accused us of being
trademark "pirates" and that we are intentionally confusing and deceiving
consumers like you! We hired the extraordinary attorney Albert Watkins of
Kodner Watkins. Here is our answer that Mr. Watkins fired back at The North
Face. Then later in December The North Face filed a motion for something called
a Preliminary Injunction - again asserting that the court must step in
immediately because the consumers are confused.
Of course our position has always been that consumers can tell the difference
between a Butt and a Face. (For your amusement we set up The Face or Butt
Challenge on FaceBook.) The case drew The Hon. Rodney W. Sipple, US District
Judge. On February 7th Judge Sipple held a scheduling conference where the
parties agreed to limited discovery and to take part in a mediation on April 1st.
If no resolution is reached on April 1st then there will be a hearing on April 12th
where Judge Sipple will decide whether or not to grant The North Face their
motion and to shut us down. No one knows what the future holds, but we are
working hard and hope to prevail in order to keep selling our product lines. If we
lose, our products will no longer be available after the hearing. So if you like our
stuff you may want to place your order now.
When The North Face attorney was taking my deposition he was more interested
in the Halloween Party I hosted and the subsequent Minor In Possession citation I
received over any of their goofy trademark claims. It felt like Flounder and the
purpose of their questions were to embarrass me - like being humiliated for four
hours! While I am thankful that they filed this suit which put The South Butt on
the map - it does seem ridiculous that they are doing everything possible to
make themselves look bad. I wonder if those North Face executives ever drank
beer and smoked pot in college?
Neidermeyer had no comment.
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Convert Your Jacket for Children's Hospital
The South Butt Conversion Kit includes:
2 Sew On Patches
Official South Butt Mini-Sewing Kit
6 Mini Stickers for Helmets and Laptops
2 Bumper Stickers for Cars and Lockers
Signed "Certificate of Conversion"
$16.00 includes postage and handling - proceeds to St.
Louis Children's Hospital. l
The South Butt Conversion Kit Series A
Only available through our FaceBook South
Butt Store Front
Our Little Pooper Series
Popular demand, especially from my mom,
has us rolling out our Little Pooper series.
A perfect gift for that baby shower or newborn present.
Our First South Butt Girl!
Thanks again for being our customer. We are all about freedom and democracy in the
marketplace. If you are interested you can read our complete story. We especially want to
thank The North Face. Without your lawsuit and the ensuing publicity our little company would
have gone unnoticed!
Never Stop Relaxing!
5 of 6 3/20/2010 6:29 PM
Jimmy Winkelmann, Founder
The South Butt, LLC
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The South Butt, LLC | 21 N. Meramec | Clayton | MO | 63105
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