Patagonia is suing Nordstrom for selling “counterfeit” products

According to a lawsuit filed by Patagonia, the US department store chain Nordstrom is accused of selling counterfeit sweatshirts and t-shirts from the sustainable clothing brand. The indictment states that Nordstrom continued to sell the counterfeit items after years of business with Patagonia had ended. The sales reportedly took place in 2023 at multiple physical stores of Nordstrom Rack, the company’s off-price division, online platform Fashion Law reports.

The lawsuit emphasizes that Patagonia has invested significant resources over the years to cement the brand’s reputation for product quality and fair labor practices. The counterfeit products would trick customers into buying inferior items that were likely made in factories that do not meet Fair Trade certification requirements.

The lawsuit cites various examples of apparent quality defects, including labeling errors and confusing claims about 100 percent polyester and organic cotton.

Patagonia accuses Nordstrom not only of trademark infringement, but also of copyright infringement through the unauthorized sale of the trademark. The lawsuit argues that the Seattle-based company, which was once a commercial partner, was well aware of Patagonia’s trademarks, products and identification, according to website Business Insider.

Although Nordstrom Rack is a discount retailer, counterfeit clothing can enter department stores through a variety of channels and processes. Counterfeit goods often find their way into legal supply chains via illegal channels. The complexity and global nature of the fashion industry is exploited, whether through parallel imports, a lack of supply chain controls or unauthorized distribution channels. This could also be the case here.

This translated post previously appeared on FashionUnited.com

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