Patagonia drops lawsuit against Marden's over fake jackets
May 23—Patagonia has dropped its trademark lawsuit against the Maine bargain retailer Marden's Surplus and Salvage.
The outdoor gear and clothing company sued Marden's in March in the U.S. District Court of Maine. It claimed Marden's was knowingly selling counterfeit jackets and down sweaters with replicas of Patagonia's trademarked mountain-range logo. Patagonia called the fakes "virtually identical," according to the lawsuit.
Marden's had these jackets on racks at its stores in Scarborough, Biddeford, Gray and Sanford, according to the lawsuit. But a general manager for the Maine company said it was unaware the products were counterfeit.
"We were completely caught off-guard by this," general manager Fox Keim said in March. "These jackets were sold and invoiced to Marden's as authentic Patagonia product."
Keim said the company was "aggressively looking into this."
Marden's, which is headquartered in Winslow and celebrated its 60th anniversary last year, operates 13 retail locations throughout Maine, according to the company website. It typically sources its wares from discounted product lines, insured business losses and factory and store closeouts.
Patagonia did not specify the reason for dropping the lawsuit, which was also filed against Ezily Done LLC, a New Jersey-based retailer that allegedly sold and shipped the counterfeit products to Marden's.
Keim said in an emailed statement that Marden's worked with Patagonia outside of the courtroom.
"Marden's is happy to have reached a mutually beneficial resolution with Patagonia," he said. "We look forward to continuing to serve our customers with a great selection of quality products at bargain prices."
Representatives from Patagonia did not immediately respond to requests for comment.
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