Marden’s is selling counterfeit clothing from Patagonia in violation of multiple federal and state laws, a lawsuit said.
The Maine-based salvage retailer is accused of selling replica clothing from Patagonia, a clothing company known for outdoor gear and sustainable sourcing. Marden’s violated nine different federal and state laws by selling the fake clothing, according to a lawsuit filed by Patagonia Wednesday in U.S. District Court of Maine in Bangor.
In the lawsuit, Patagonia alleges, in part, that Marden’s violated federal trademark laws, committed copyright infringement, diluted a famous mark and committed the same violations under Maine law.
Marden’s is profiting from selling the counterfeit clothing, while damaging the reputation of Patagonia, the lawsuit said. Patagonia wants Marden’s to be barred from “manufacturing, producing, sourcing, importing, selling, offering for sale, distributing, advertising, or promoting any goods or services” of Patagonia.
When Marden’s bought the Patagonia jackets, they were labeled as “Patagonia Down Sweaters,” which is a product Patagonia sells, Marden’s General Manager Fox Keim said. They “unknowingly purchased inappropriately labeled Patagonia product,” he said.
Marden’s is going over the supply chain to figure out what went wrong, he said.
“We don’t do business that way and it’s very concerning to us,” Keim said.
“Obviously we are a surplus business so we are always buying close outs, overstocks, last season’s products, salvage buys, you name it we buy it all,” he continued. “However, those types of items as mentioned in this complaint letter from Patagonia, we do not knowingly buy. I want to be really clear that this was sold to us as authentic Patagonia Down Sweaters.”
Profits from selling the counterfeit items should be given to Patagonia, and any items with the Patagonia logo must be turned over to the company, the lawsuit said.
Patagonia did not respond to a request for comment by time of publication.
Counterfeit Patagonia jackets have been sold by Marden’s at all 13 locations, including Scarborough, Gray, Biddeford and Sanford, according to the lawsuit. At least 90 jackets were for sale in Scarborough.
Jackets were for sale at the Marden’s in Brewer early Wednesday afternoon, a Bangor Daily News photographer saw. The jackets were for sale for $99, compared with a suggested price around $279 from Patagonia on the tag.
The jackets were pulled from all Marden’s stores as of late Wednesday afternoon, Keim said. People who purchased the jackets are encouraged to return them for a full refund, he said, because it does not reflect the way Marden’s does business.
The company is not authorized to sell Patagonia, according to the lawsuit. Pictures of the alleged counterfeit jackets for sale in Marden’s were included in the lawsuit.
The counterfeit products are “visually identical to” Patagonia products and Marden’s “willful conduct” will cause confusion, according to the lawsuit.
“The Counterfeit Products, however, are of a vastly inferior quality to Patagonia’s genuine apparel products, causing further harm to Patagonia, its reputation and goodwill, and the PATAGONIA trademarks,” the lawsuit said.
