UPDATE: Patagonia Inc. has officially settled its trademark infringement lawsuit with
“The GAP infringements have caused or are likely to cause dilution of Patagonia’s famous and distinctive mark by diminishing its distinctiveness and singular association with Patagonia,” the company said. “Given how derivative the GAP Infringements are of Patagonia’s original designs and logo, there is no question that GAP’s copying has been willful and deliberate.”
In addition to the potential of customers mistaking the GAP offerings for a Patagonia product, the brand pointed to the fact that even if customers did zoom into the branding details, there is a high likelihood of them mistaking “this to be one of GAP’s many collaborations.”
Patagonia’s case against GAP follows similar lawsuits filed by the company against Walmart and lifestyle brand Robin Ruth USA over its “P-6” Trout Logo.
Following its fallout with Ye, GAP now lands itself in legal trouble with outdoor clothing retailer Patagonia which recently filed a lawsuit accusing the American clothing brand of copying its signature Snap-T pocket design found on its fleece sweaters for over three decades.
According to Reuters, Patagonia filed a complaint in San Francisco federal court on Tuesday night, citing Gap’s recent sale of fleece jackets that illegally copy both its buttoned flap pocket design and the rectangular “P-6” logo which depicts a mountain range. The “adoption of designs and logos bearing even more similarity cannot have occurred by accident,” writes Patagonia. Part of the lawsuit references a one-star review of Gap’s product which writes, “Obvious Pata*gonia ripoff. I had to zoom in just to ensure that the logo was GAP.”
As a popular mainstay of the brand’s product lineup, Patagonia’s Snap-T pullover has previously been displayed at exhibitions in New York’s Museum of Modern Art and London’s Victoria & Albert Museum. Take a look at a side-by-side comparison of the GAP and Patagonia jackets below.
Patagonia is suing the Gap for trademark infringement over these maybe-the-logo-was-a-step-too-far fleeces. Patagonia v. The Gap, No. 22 cv 7437 (NDCA Nov. 22, 2022) pic.twitter.com/egXu6lFKbR
— Casey Hewitt (@cahwit) November 23, 2022
In other news, MARKET launches a personalized Call of Duty collection.