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16 July 2019TrademarksSaman Javed

Patagonia TM suit targets ‘customs dodging’ counterfeiters

US-based outdoor clothing maker Patagonia has filed a trademark infringement suit against suspected online counterfeiters in China.

In a complaint filed yesterday, July 15, 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.

Patagonia said the defendants are based in China, but conduct business throughout the US through the operation of online stores.

It said that tactics used by the online store owners make it “virtually impossible” for Patagonia to learn their true identities and the exact interworking of their counterfeit network.

These tactics include registering new online marketplace accounts under new aliases once they receive notice of a lawsuit.

Additionally, the alleged counterfeiters also ship products in small quantities via international mail to minimise detection by US Customs and Border Protection.

“Patagonia has been and continues to be irreparably damaged through consumer confusion, dilution, and tarnishment of its valuable trademarks” as a result of the online stores, the lawsuit said.

Patagonia said that due to the success of its brand, it is frequently targeted by counterfeiters, and has consequently established a world-wide anti-counterfeiting programme. This programme regularly investigates suspicious websites and online marketplaces.

It said the online stores owned by the defendants are just some of the “hundreds” of domain names selling counterfeit Patagonia products.

Additionally, it said the online stores run by the unnamed defendants all have “virtually identical layouts”, suggesting that the alleged counterfeit products were manufactured by, and come from a common source.

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