A lawsuit against Marden’s alleging it sold counterfeit clothing from Patagonia was voluntarily dismissed Thursday.
Patagonia, a clothing company known for outdoor gear and sustainable sourcing, sued Marden’s in March in U.S. District Court of Maine in Bangor, alleging the Maine-based salvage retailer sold replica Patagonia jackets in violation of state and federal laws.
That lawsuit was voluntarily dismissed by Patagonia. The company had previously dismissed a second prong of the lawsuit against Ezily Done LLC, a New Jersey company accused of producing the counterfeit jackets.
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Marden’s didn’t realize it was purchasing counterfeit jackets, general manager Fox Keim said previously. The products were labeled “Patagonia Down Sweaters,” which is a product the company sells.
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.
Marden’s pulled all the jackets from the stores after the lawsuit was filed, and offered a full refund to customers who returned the jackets, Keim said.
The counterfeit products were “visually identical to” Patagonia products and Marden’s “willful conduct” could cause confusion, according to the lawsuit.
