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Patagonia in a flap with Gap

California based outdoor fashion company, Patagonia Inc. (“Patagonia”), have alleged fellow fashion brand Gap Inc. (“Gap”) have copied their flap pocket design which has been a feature on its fleece products for over 30 years. The claim asserts that there are similarities between the relevant fleeces, namely a similar rectangular logo above the flap pocket, and colour piping along the collar, cuff and waist. The design in dispute concerns a ‘snap-t pullover fleece’ which Patagonia launched back in 1985. The flap pocket was added to the product at a later date on or around 1989. The design has even been a feature in exhibitions in New York and London over the years. Reportedly, this is not the first time Gap have copied Patagonia’s designs, as Patagonia has previously warned Gap that the “adoption of designs and logos bearing even more similarity cannot have occurred by accident”. This trade mark claim was filed in a San Francisco federal court and argues Gap is undermining Patagonia’s goodwill. It will be interesting to see how this cases pans out as we await for the gaps to be filled. If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law at 0191 281 4000 or legal@mcdanielslaw.com. in: Case Law, Companies, Consumer Law, EU/International, Legal News, News, Trade Marks

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