Patagonia accuses Nordstrom of selling 'thousands' of fake Patagonia sweatshirts and T-shirts at its
- Patagonia filed a lawsuit against Nordstrom in California federal court on Tuesday accusing the retailer of selling 'counterfeit' Patagonia products.
- Patagonia and Nordstrom had a "years-long relationship" that ended recently, per the lawsuit.
- Patagonia also says Nordstrom committed trademark and copyright infringement with its sales.
Nordstrom has sold "thousands of counterfeit Patagonia sweatshirts and T-shirts" throughout this year, the clothing brand said in a lawsuit filed against the Seattle-based department store chain.
Patagonia had a "years-long dealer relationship" with Nordstrom, but after Patagonia chose to end the agreement Nordstrom sold "counterfeit" Patagonia items in its off-price Nordstrom Rack stores in 2023, according to the suit filed Tuesday in the US District Court for the Central District of California.
"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."
Patagonia says in the lawsuit that the counterfeit clothing was "obvious", with examples like typographical errors on tags and one item claiming to be made of both 100% polyester and organic cotton.
Nordstrom and Patagonia both did not respond immediately to Insider's inquiries about the lawsuit.
"We are aware of the lawsuit and take these allegations seriously. We are currently reviewing the matter," a Nordstrom spokesperson told legal fashion blog The Fashion Law.
Patagonia also says in the lawsuit that Nordstrom is committing both trademark and copyright infringement through its sales of these clothes.
"The fact that Defendant was previously an authorized dealer – and therefore familiar with Patagonia's trademarks, products, and labeling – underscores the willfulness with which Defendant decided to source and sell the counterfeit products at issue in this lawsuit," the lawsuit reads.
Patagonia is asking for a judge to rule Nordstrom has committed trademark and copyright infringement; that it has competed unfairly with Patagonia; and that Nordstrom has used "counterfeit reproduction" of Patagonia's products.
Additionally, Patagonia is asking a judge to immediately prevent Nordstrom from manufacturing, producing, sourcing, importing, and selling any products that resemble Patagonia's products and trademark. The company is also looking for Nordstrom to be forced to recall all of the "counterfeit" Patagonia items it sold and that it pays Patagonia for lost profits and damages.
Do you work for Nordstrom or Patagonia? Contact reporter Ben Tobin by email at btobin@businessinsider.com.
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