Patagonia sues e-comm site for trademark infringement

By

Cassidy Mantor

Published
Aug 24, 2017

Patagonia has sued an e-commerce company called Dazzle Up for selling product through their Simply Southern brand that allegedly infringes on Patagonia's Fitz Roy trademark.

Patagonia filed the lawsuit on August 11th in federal court in California's Central District. Patagonia has alleged that Dazzle Up's brand, Simply Southern, has been selling tees with graphics that look like copies of the outdoor brand's registered mark.

Patagonia is claiming trademark infringement and dilution. In its complaint, it alleges that consumers would be confused about the origin of the products being sold on Dazzle Up. Patagonia is protecting its mark which it claims has "enormous goodwill" among consumers both in the US and globally.

Patagonia stated in its complaint, “The Patagonia trademark is registered throughout the world; it is distinctive, arbitrary and fanciful and is entitled to the broadest scope of protection."

Patagonia originally put the Fitz Roy mark into use in the seventies when the company formed. It gained official protection in 1984 and has subsequently registered two updates to the mark in 1989 and 1993. Patagonia also holds a copyright to the image.

Patagonia further argues in its complaint that Simply Southern copied all elements of the Patagonia logo including the font. The complaint points out that even the intentional design elements in Patagonia's mark such as uneven spacing of the color bands and the silhouette of the mountains are copied in the Simply Southern graphic.

The complaint argues, "... even from a close side-by-side comparison, Dazzle Up’s design reproduces a nearly identical copy of the Patagonia trademark.”

Patagonia is asking the court for an injunction to prevent further sales of the designs. It also is asking for financial award of $150,000 for each instance of infringing sales as well as a disgorgement of profits.

While the tees allegedly infringing on Patagonia's mark have been removed off the Simply Southern page, other active designs remain. Several appear to invoke similarities to Vineyard Vines branding.

Dazzle Up has not yet filed an answer to the official complaint.