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”.
Source: World IP Review
