Patagonia has filed a lawsuit against Kimberly McHugh, a third-party seller, for selling Patagonia-branded products on Amazon and other platforms without authorization, according to thefashionlaw.com. McHugh, the outdoor clothing maker alleges, falsely claims to be an authorized dealer of Patagonia products on her site, My Little Corner, potentially misleading consumers.
Patagonia says in its complaint that McHugh purchased Patagonia products for resale in bulk, even though she is not an authorized retailer who follows the outdoor clothing producer's strict policies on warranties and other matters. On top of that, McHugh's resale prices for Patagonia products are inflated, with the men's Nano Puff jacket listed for $272 on My Little Corner compared with $199 on Patagonia's website. In addition to infringing, misusing and trading on Patagonia's logo trademark, copyrights and reputation, McHugh is also “illegally interfering” with Patagonia's dealer agreements, the company says.
A victim of its popularity, Patagonia also leveled accusations in July against three unidentified Chinese companies, claiming that they were working together to create websites and marketplace seller accounts to offer fake Patagonia apparel to U.S. customers. In its complaint, filed in the Northern Illinois District Court, the company pointed out that all the defendants' online stores use similar designs and graphic elements, leading it to believe that they are working together.
In this case, in addition to the usual request for injunction and other remedies, Patagonia is asking the court to order the shutdown of the platforms involved, along with their search-engine providers and merchant services, and to prevent the network from opening additional online stores.