American retailer of outdoor clothing, Patagonia, has filed a lawsuit against Gap for copying the snapped flap pocket that the brand has been using it on its fleece outerwear for more than three decades, said a report on Reuters. According to the Patagonia the Snap-T is an immediately recognisable Patagonia design and a “well known” trade dress.
In the complaint that was filed in San Francisco federal court, Patagonia said Gap is intentionally putting fleece jackets on sale that copy Patagonia’s flap pocket and rectangular “P-6” logo without permission. Patagonia also said that Gap’s intention was to throw customers off and make them believe that Gap made the products or has allowed Gap to use Patagonia’s trademarks, according to Reuters.
Patagonia also said it had previously warned Gap to stop mimicking its designs, signifying that the alleged “adoption of designs and logos bearing even more similarity cannot have occurred by accident,” quoted on Reuters. If Patagonia wins the lawsuit, lost profits and unspecified damages would be recouped and further infringements will be halt.
MARKETING-INTERACTIVE has reached out for a statement.
On a brand collaboration front, Gap had some issues with Kanye West, who now goes by Ye, in September. The rapper was also in the spotlight for his feud with another prominent brand, adidas. Ye parted ways with Gap two years in on a contract signed for 10 years in 2020. According to news on CNBC, the move came as Gap allegedly wasn’t able to distribute Yeezy products in stores by the second half of last year.
On a charitable front, Patagonia has recently made the decision to change its structure to turn profits into donations to fight climate change, quoted on CNBC.
Balenciaga files US$25m lawsuit against production firm in controversial children's ad
French luxury brand Christian Dior files a lawsuit against porn star for naming trademark
Kanye West in feud with adidas and Gap, breaks contract with latter
Get the daily lowdown on Asia's top marketing stories.
We break down the big and messy topics of the day so you're updated on the most important developments in Asia's marketing development – for free.subscribe now open in new window