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16 March 2022TrademarksMuireann Bolger

Patagonia sues ‘impersonator’ who tried to lure models

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.

The outdoor apparel brand filed the complaint at the US District Court for the Central District of California on Tuesday, March 15.

According to the filing, the as yet unnamed defendant misappropriated Patagonia’s corporate identity and trademarks to lure aspiring models to photo shoots under false pretences, beginning in late-January 2022.

The alleged fraudster intentionally impersonated authorised representatives of Patagonia—including the brand’s former creative director—“as part of a scheme to defraud (or worse) potential apparel models, solicit disclosure of personal information from them, and convince them to travel to a fake photography session”.

‘Personal and sensitive information’

The complaint alleged that in addition to these harmful misappropriations of Patagonia’s identity, the defendant registered email addresses using Patagonia’s corporate name and its trademark.

The lawsuit claimed that the impersonator identified potential apparel models based on Instagram profiles belonging to young women and men in the Los Angeles area.

“In the deceptive messages sent to potential models, defendant falsely advertised a paid photography opportunity and offered to hire the recipients to appear in photos commissioned by Patagonia as part of ‘Patagonia Clothing’s COVID-19 Response Campaign’,” noted the filing.

To ensure their participation, the defendant allegedly offered $2,500 to potential models and requested that the recipients of the email messages provide personal and sensitive information including their address, phone number, physical measurements, and marital status.

‘Wilful and malicious’

“Defendant’s trademark infringement, fraudulent conduct, and false representations are willful and malicious,” contended the suit.

Patagonia further pointed out that it had taken action by working with Google to disable the first Gmail account that the defendant used to send his or her fraudulent messages, but that the defendant registered yet another Gmail account misappropriating Patagonia’s identity to continue the scheme.

This misuse of these trademarks has caused or will cause a likelihood of confusion among the public regarding whether Patagonia has authorised the defendant’s purported coordination of photography sessions, and/or whether Patagonia is somehow affiliated with the defendant, said the complaint.

The fraud has damaged both the recipients and Patagonia, including by damaging Patagonia’s brand and reputation, added the retailer.

Patagonia is seeking damages and punitive damages, as well as injunctive relief that requires the alleged fraudster to immediately discontinue the scheme, including by ceasing to send messages under the guise of authority from Patagonia and in connection with its trademarks.

“As a result of the defendant’s misappropriation, Patagonia’s brand and reputation have been damaged, and the ability of its name and corporate identity to uniquely identify Patagonia has been diminished,” the brand said.

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