California based Patagonia, Inc. (“Patagonia”) has issued proceedings against Robin Ruth USA (“Robin Ruth”) and Walmart Inc. (“Walmart”) for trade mark infringement and unfair competition.
Robin Ruth is a New York based corporation which sells apparel products and is also a supplier for Walmart. Patagonia alleges Robin Ruth produced and sold apparel “bearing nearly identical copies of Patagonia’s P-6 Trout logo and artwork”. The second defendant, Walmart, “purchased and resold those copycat products in several [of its] retail stores”.
Patagonia’s P-6 logo consists of “a multi-coloured label inspired by a silhouette of the jagged peaks of the Mt. Fitz Roy skyline.” It claims the P-6 brand is famous in the United States and around the world.
Patagonia claims the only difference is the removal of the word mark “PATAGONIA” from the apparel and replacing it with “MONTANA”. Documents filed at the court argue this will imply to consumers the products are endorsed or authorised by Patagonia.
This isn’t the first time Walmart has been sued for alleged infringement. Back in September, they settled a trade mark dispute with Crocs on confidential terms. It is to be seen if the same will occur in this case.
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