Outdoor apparel brand Patagonia has filed a lawsuit against retailer Nordstrom for allegedly selling “thousands” of counterfeit Patagonia items.

The complaint, filed with a California federal court, states that the sweatshirts and T-shirts are being sold in Nordstrom Rack stores, The Fashion Law reports.

Nordstrom was previously an authorized Patagonia dealer for many years, but no longer has that authorization. Patagonia claims this has added to the problem by confusing consumers who were used to buying authentic Patagonia apparel at Nordstrom.

According to Patagonia, the counterfeit apparel contains trademarks identical to the company’s logo artwork and trademark. Additionally, the garments themselves are identical to Patagonia shirts, Patagonia claims.

As an example of how the products mislead consumers, Patagonia claims Nordstrom advertises the shirts as made with organic cotton, but the tags say they’re 100% recycled polyester. The counterfeit garments also include the Fair Trade Certified logo, which Patagonia claims is false, according The Fashion Law’s reporting.

Patagonia says it attempted to bring this to Nordstrom’s attention prior to filing the suit to avoid litigation, but Nordstrom failed to recall the fake products.

Patagonia is suing for counterfeiting, copyright infringement, trademark infringement and dilution, and unfair competition.

“We are aware of the lawsuit and take these allegations seriously. We are currently reviewing the matter,” a Nordstrom spokesperson told The Fashion Law.

The Daily reached out to Patagonia and Nordstrom for comment but did not hear back as of press time. We will update the story if more information comes in.

The case is Patagonia, Inc. v. Nordstrom, Inc., 2:23-cv-04168 (C.D. Cal.).

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