I admit it. Back in the day (the day when I hiked and even did a bit of climbing, that is), I owned a couple of North Face shirts. I doubt they're still around. If they are, I'll find them and sock them away for a public burning if it comes to that. I sure as hell won't ever wear them in public again, or buy another North Face product. And I'll probably go out of my way to have a little discussion with any friend I notice wearing North Face rags.
In other words, I am (and have just announced that I am) negatively socially and economically preferencing* North Face.
Here's why.
Parody is clearly protected speech/commerce under US trademark laws. Even absent such laws, parody clearly does not constitute aggression, theft, etc.
South Butt is clearly parody. High school level parody, sure -- it was in fact founded by a high schooler (he's in college now) -- but unmistakably parody.
Instead of taking the parody in good humor, or better yet taking up South Butt on its offer to sell, North Face decided to throw its weight around with churlish "cease and desist" demands and then a lawsuit.
North Face may "win" -- in America's "justice" system, being right and a pocketful of quarters will get you a cup of coffee from the vending machine in the hallway outside the courtroom -- but they're wrong. They know they're wrong, I know they're wrong, and now you know they're wrong. They're humorless bullies. So screw'em.
Even if they "win," North Face has already lost. They've lost any and all future potential sales of their products to me and to anyone whom I have the opportunity/occasion to influence on the matter, yea unto the seventh generation, etc. (by which I mean, point your friends/readers at this post, please).
Negative social and economic preferencing does not strictly require an equal and opposite reaction (i.e. a matching positive social/economic preference), but in this particular instance I think one is justified. South Butt offers fun, attractive products at a reasonable price, and presumably buying from them will aid them in fending off the efforts of North Face to shut them down. I can always use a new t-shirt, and I expect I'll get my next one from South Butt. Consider yourself invited to go now and do likewise.
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Note: For more on social preferencing and other solutions (actually, a framework into which social preferencing and other solutions fit) to the problems of human interaction, see the writings of Paul Wakfer and Kitty Antonik Wakfer at Self-Sovereign Individual Project.
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