Patagonia wages fight over alleged logo infringement




Patagonia has climbed mountains to make a name for itself with adventurers around the globe.

Now the Ventura-based outdoor clothing and gear maker is suing three entities it says are using the brand’s logo—the company name against a silhouette of the jagged peaks of Mount Fitz Roy at the border of Argentina and Chile—for their own financial gain.

Lawsuits filed recently in Los Angeles federal court allege that print-on-demand services MyLocker.com of Michigan, Shirtformula of Indiana and Gearbubble, part of publicly traded Bergio International Inc. of Wyoming, are unlawfully cashing in on Patagonia’s good name and 50-year history of active wear know-how without its permission.

The company is seeking damages for trademark infringement, unfair competition, dilution and copyright infringement.

Great Pacific Iron Works on Santa Clara Street in Ventura was Patagonia’s first store, lo- cated not far from founder Yvon Chouinard’s blacksmith shop. The so-called “P-6” logo and trademark “call to mind romantic visions of glaciers tumbling into fjords, jagged windswept peaks, gauchos and condors,” according to court papers.

Today, company headquarters are next to the original store, and whether emblazoned on board shorts at beach level or a waterproof shell on the summit, the Patagonia name is associated with quality and a commitment to leaving a light footprint the world over.

Since 1985, the company has pledged 1% of sales to environmental groups to preserve and restore the natural environment, donating more than $100 million to date. That success and the emotions the name engenders make it an easy target for counterfeiting.

“This lawsuit is necessary to stop MyLocker.com LLC from copying Patagonia’s famous logo onto hoodies and sweatshirts, among other products, and offering them for sale on its website,” one complaint states.

“MyLocker’s products bearing the MyLocker Designs are identical to and compete directly with goods sold by Patagonia. . . . MyLocker’s use of the MyLocker Designs has caused or will cause a likelihood of confusion among consumers regarding the source of MyLocker’s products, and whether Patagonia has sponsored, licensed, authorized, or is somehow affiliated with My- Locker,” one complaint states.

Similar assertions are found in the other lawsuits.

Without an injunction barring improper use of the trademark and logo, the company’s attorney Gregory Gilchrist writes, the designs “are likely to cause dilution of Patagonia’s famous and distinctive marks by diminishing their distinctiveness and singular association with Patagonia.”

In addition to stopping the defendants from manufacturing, selling, advertising and promoting “any goods or services that display any words or symbols that so resemble the Patagonia trademarks” and forcing them to hand over any counterfeit products, the company wants a return of profits lost to the counterfeits, in amounts determined by a jury.