shutterstock_216482566_360b
11 February 2020PatentsEdward Pearcey

Patagonia goes after ‘Petrogonia’ with TM infringement suit

Patagonia, the outdoor clothing and apparel maker, has filed a lawsuit with the US District Court for the Central District of California Western Division, claiming Wyoming-based OC Media infringed its trademarks with a 'Petrogonia' clothing range.

“In blatant disregard of Patagonia’s rights in the ‘Patagonia’ trademarks, and without authorisation from Patagonia, OC started manufacturing, promoting, offering for sale, and selling apparel products and accessories bearing the 'Petrogonia' name and brand, together with a design that is nearly identical to the P-6 logo (the Petrogonia Design),” said the filing.

Patagonia said it had launched the suit to “stop OC Media from infringing, misusing, and trading on Patagonia’s famous Patagonia Fitz Roy logo trademarks, and its reputation and goodwill”.

According to the complaint, OC promotes, markets and sells apparel and accessory products bearing the Petrogonia Design through its website under a category titled “ Petrogonia Collection,” and through related social media accounts and websites, primarily oilconnect.co.

“The Patagonia trademarks are famous within the meaning of the Trademark Dilution Revision Act, enjoy strong consumer recognition, and are recognised around the world and throughout the US by consumers as signifying high quality products made by a responsible company,” said the plaintiff.

Patagonia is asking that the court, among other things, adjudge that its trademarks have been infringed, under common and Californian state law, and that it can “recover damages and lost profits, in an amount to be proven at trial”.

An application to trademark the 'Petrogonia' name was made by OC Media with the US Patent and Trademark Office (USPTO) on January 15 this year.

In July last year, Patagonia also filed a trademark infringement suit against suspected online counterfeiters in China. At the US District for the Northern District of Illinois, Patagonia said the alleged counterfeiters, who were not named, sell unauthorised and unlicensed apparel and activewear bearing Patagonia’s trademarks.

Did you enjoy reading this story?  Sign up to our free daily newsletters and get stories sent like this straight to your inbox.

Today's top stories:

Inter Milan defend lead in Beckham trademark dispute

Apple loses Fed Circuit appeal over VirnetX VPN patents

Paris now the ‘logical’ venue for FRAND disputes, claim TCL lawyers

Already registered?

Login to your account

To request a FREE 2-week trial subscription, please signup.
NOTE - this can take up to 48hrs to be approved.

Two Weeks Free Trial

For multi-user price options, or to check if your company has an existing subscription that we can add you to for FREE, please email Adrian Tapping at atapping@newtonmedia.co.uk


More on this story

Trademarks
19 February 2021   Trademark infringement has hit an all-time high, with social media proving particularly troublesome for brand owners, a new report has found.
Trademarks
16 March 2022   US retailer Patagonia has been the victim of “a dangerous and predatory scheme” by a fraudster who allegedly has infringed the brand’s trademarks and impersonated its former creative director, according to a lawsuit.
Trademarks
24 November 2022   Eco brand sold pocket design for more than 30 years | Patagonia claims ‘copy’ was designed as though it was in collaboration with global retailer | Customer review allegedly called it an "obvious Patagonia ripoff".