According to the Columbia Tribune, Law.com, and TechDirt.com as of Friday April 2, 2010, South Butt and North Face settled the dispute involving their trademarks THE SOUTH BUTT and THE NORTH FACE, respectively.

The South Butt’s lawyer, Albert Watkins reported the news to the St. Louis Riverfront Times. After stating that the matter had been “amicably resolved” he added “You don’t know how much it pains me to only say that.” Details of the settlement, or even what prompted it, have not been disclosed.

The South Butt’s website is still active and no notices have been added indicating any change with the company.

It may be that they have agreed to some limitations. The case was based on a claim of infringement of The North Face’s trademark by The South Butt. The marks look alike and the clothing is identical. The quality of the clothing, however, is far from the same.

It is surprising to us at the National Trademark Center that this case ended amicably. We thought once The North Face moved forward with the lawsuit, they would successfully stop The South Butt from continuing use.

They must have convinced The North Face that they would not be a serious competitor, that their clothing is inferior, and that they would remain small.

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