Patagonia filed a trademark infringement lawsuit in California against Nordstrom, accusing the company’s Nordstrom Rack chain is selling “thousands” of “obvious counterfeits” after their partnership ended and then refusing a recall on the products.
Patagonia, according to legal fashion blog The Fashion Law, asserts that in 2023, “shortly after the end of the years-long dealer relationship between [it] and Nordstrom,” which Patagonia states that it “elected not to renew,” Nordstrom began selling counterfeit Patagonia products at Nordstrom Rack stores.
The “counterfeit” wares contain trademarks that are “identical to [Patagonia’s] P-6 logo artwork and trademark, and that are identical to the PATAGONIA word mark,” charges Patagonia. Patagonia further claims the products are “identical to and compete directly with goods sold by Patagonia, including sweatshirts and t-shirts.”
Patagonia said that beyond causing confusion to consumers, the alleged counterfeits will mislead customers about “the quality of the materials used and the conditions in which they were made.” As an example, Patagonia highlighted an alleged counterfeit sweatshirt that claims to be both 100 percent polyester and made of organic cotton.
“Patagonia has spent decades, and invested millions of dollars, to establish product quality and fair labor practices as pillars of its brand,” according to the lawsuit. “These counterfeit products prey on Patagonia’s reputation, misleading customers into buying poor quality products that were, on information and belief, made in factories with conditions that do not meet Fair Trade Certified requirements.”
“We are aware of the lawsuit and take these allegations seriously. We are currently reviewing the matter,” a Nordstrom spokesperson told The Fashion Law.
The case is Patagonia, Inc. v. Nordstrom, Inc., 2:23-cv-04168 (C.D. Cal.).
