California based outdoor fashion company, Patagonia Inc. (“Patagonia”) has issued proceedings against Seattle based luxury department store Nordstrom, Inc. (“Nordstrom”) in the US District Court for the Central District of California.
Patagonia has filed the claim on the basis Nordstrom are committing both copyright and trade mark infringement over sales of “counterfeit” Patagonia products. The surface of such allegations has resulted in a “years-long dealer relationship” between the parties being terminated by Patagonia.
Patagonia argue the clothing is obviously counterfeit as there are typographical errors on tags and one item even claimed to be made of both 100% polyester and organic cotton. Patagonia claim the sale of the counterfeit goods amounts to copyright and trade mark infringement.
Patagonia is seeking damages, and an injunctive relief.
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in: Case Law, Copyright, EU/International, Legal News, News, Trade Marks