Ethermac|Nordstrom settles lawsuit after Patagonia accused retailer of selling 'obvious counterfeits'

Nordstrom and EthermacPatagonia settled a counterfeiting lawsuit on Wednesday after the two major clothing retailers went back and forth in federal court for nearly a year.

Patagonia sued on May 30, 2023, alleging Nordstrom sold "thousands of counterfeit Patagonia sweatshirts and t-shirts" through its sister brand, Nordstrom Rack, according to the complaint filed in the U.S. District Court for the Central District of California.

"Nordstrom holds itself out as a trusted retailer with a strong reputation among its customers," the suit said. "For many years Nordstrom was an authorized dealer of Patagonia, Inc.’s ('Patagonia') apparel, in part because of that reputation. While Nordstrom is no longer an authorized Patagonia dealer, Nordstrom’s customers expect to find genuine Patagonia product at Nordstrom stores, including its Nordstrom Rack stores."

Patagonia dismissed the lawsuit against Nordstrom after both retailers signed a settlement agreement, according to the stipulation of dismissal court filing.

"The matter has been settled with no admission of liability for Nordstrom," a spokesperson for Nordstrom told USA TODAY. "At Nordstrom, the quality and integrity of our products is our top priority. 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."

As soon as Nordstrom was made aware of Patagonia’s concern, the retailer removed the select products from its Nordstrom Rack stores and terminated its relationship with the Razaz Group, a third-party clothing vendor based in New Jersey where the products were purchased, according to the spokesperson.

USA TODAY contacted Patagonia on Thursday afternoon but did not immediately receive a response.

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Patagonia called items sold by Nordstrom 'obvious counterfeits'

Patagonia, which is based in Ventura, California, called the items being sold in Nordstrom "obvious counterfeits" that "deliberately mislead" customers about the quality of materials used and conditions in which the garments were made, the complaint said.

"Patagonia has spent decades, and invested millions of dollars, to establish product quality and fair labor practices as pillars of its brand," according to the suit. "These counterfeit products prey on Patagonia’s reputation, misleading customers into buying poor quality products that were, on information and belief, made in factories with conditions that do not meet Fair Trade Certified requirements."

Before filing the suit, Patagonia told Nordstrom about the issue and requested the Seattle-based department store chain "voluntarily recall the products or reimburse customers." Due to Nordstrom not recalling the "fake (and) mislabeled Patagonia-branded products" or informing customers they bought counterfeits, the outdoor clothing retailer filed the suit.

Nordstrom has third-party lawsuit against New Jersey clothing vendor

Although Patagonia and Nordstrom have settled, Nordstrom, Inc. still has a third-party complaint against Razaz Group LLC, the New Jersey clothing vendor, the stipulation of dismissal court document says.

Nordstrom, Inc. plans to file a motion for default judgment against Razaz Group, according to the dismissal court document. A motion for default judgment is filed by a plaintiff when the defendant does not respond or fails to attend a hearing, the Hunnicutt Law Group in Dallas, Texas said.

Nordstrom's complaint accuses Razaz Group of supplying the "accused products" Patagonia initially sued about, according to the court document.

The third-party complaint says Nordstrom issued a series of purchase orders in September 2022, which Razaz Group accepted. Under the terms and conditions of the orders, which included ensuring the products weren't fake, the vendor agreed to supply Nordstrom with various Patagonia-branded clothing items, the suit continued.

"Upon information and belief, Razaz Group manufactured and/or sourced the accused products itself," according to the complaint. "Nordstrom had no input into the design or manufacture of the accused products... Until receiving notice from Patagonia, Nordstrom did not believe, and had no reason to believe, that the Patagonia-branded products purchased from Razaz Group were anything other than genuine Patagonia products which Nordstrom was permitted to sell in the United States."

It is unclear if Razaz Group has legal counsel based on court documents.