Patagonia’s place in the promotional products industry has changed recently, as the very environmentally-focused apparel brand first announced that it would not allow certain brands to decorate its apparel for promotional purposes.
Then it went back and said that it would allow “limited direct embroidery,” meaning that one of the most celebrated apparel brands could once again be used for promo campaigns. There would be no need to find a cheap alternative, and yet Patagonia just pursued legal action against Nordstrom for allegedly selling counterfeit Patagonia apparel.
According to The Street, Patagonia filed a lawsuit with the U.S. District Court in Los Angeles, accusing Nordstrom of selling fake Patagonia apparel, including polyester pieces that claimed to be made from organic cotton and clothing that “claims people who helped make the merchandise were paid a fair wage.”
Patagonia has always been very protective of its brand and its brand identity, having taken legal action against an oil industry group that knocked off its logo to be pro-drilling. If it goes against the Patagonia aesthetic of environmental stewardship and fair labor, then it’s problematic.
“Not only does this potentially breach trademark and various other laws, it can severely erode customer trust,” Neil Saunders, GlobalData managing director, told Retail Dive. “While it can be difficult for off-price players to check all merchandise, it is still the job of buyers to do this. This seems to be a mistake on Nordstrom Rack’s part and could be part and parcel of it taking its eye off the ball in terms of merchandising and buying.”
Nordstrom, once notified of this issue, removed the products from its stores, contacted the supplier who sold it the products, and “took steps to determine what took place.”
The spokesperson from Nordstrom who spoke to The Street didn’t give specifics on the supplier.
“We have rigorous standards in place to ensure the authenticity of our products and seek to partner with suppliers that share our commitment to producing quality products through ethical business practices,” they said.
So, now that Patagonia is allowing for some limited promotional products usage, it is crucial for distributors to be absolutely certain the products they are receiving and decorating are the real deal. This goes for any brand, really. If a distributor is working with a supplier that uses name-brand products to get that extra brand recognition out of a campaign, you need to be able to trust that the product you’re decorating and selling is one you can stand behind.
