Judge Not Amused By South Butt's Amusing Legal Filing

from the not-a-judge-of-humor,-apparently dept

When we recently wrote about South Butt's response to the lawsuit from The North Face, I wondered how the judge would take it. While that post got a ton of traffic, and we heard from lots of people -- including many lawyers -- claiming that it was one of the "best" legal filings they had ever seen, you could see how a judge might be offended and think that it somehow mocked the judicial process. Indeed, while the judge doesn't appear pissed off about it, he also was not that pleased. Eric Goldman points us to the judge's refusal to dismiss the complaint, which also warns the lawyer to knock off the frivolity:
I remind counsel of their obligations under Rule 11 and that, with each filing, they certify to the Court that the motion is not being presented to harass, cause unnecessary delay or needlessly increase the cost of litigation and that the legal contentions are warranted by existing law or nonfrivolous arguments for extending, modifying, or reversing existing law or for establishing new law. Although this filing may not reach the level of frivolity, it approaches the line.
Too bad. The judicial system would be a lot more interesting if lawyers felt free to respond as The South Butt's lawyer did originally.

Filed Under: frivolity, north face, south butt, trademark
Companies: north face, south butt

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  1. identicon
    ragman, 4 Mar 2010 @ 8:44am

    when are the facts going to come out?

    the so called "iconic" denali is on sale in nordstrom rack under a brand name for 39.99 making the south butt look a like almost twice the price at $59.99
    the $27.99 south butt sweatshirts are found all over the malls at $19.99

    looks like the south butt lawyers and south butt are making a ton of money
    selling on the internet instead of retail stores in malls like others do. leaving out thousands of college kids part time jobs at retailers.

    the kids buying the south butt are supporting a for profit parody that makes far more per garment than most others selling similar clothing including the north face and their over one thousand workers.. only numbers of units sold separates south butt from north face and many others. it looks like the profit margins of south butt will make tons more money very quickly.
    asking the question does anyone at south but know what kind of cheap labor is making their clothing ie child sweatshops??
    are the fabrics really the same quality as the north face?

    lets let the real folks who know be the judge ask south butt two questions. why are your prices so much higher than most mall clothing that looks the same?
    where are the garments sewn and how do you check the labor practices at those factories?

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