News February 18, 2020
Patagonia Sues Over ‘Petrogonia’ Apparel
Patagonia says an agency that caters to the oil and gas industry has infringed on its trademarks.
Known for its outspoken environmental activism and prominent social responsibility practices, Patagonia last year announced that it would be taking a new approach to its corporate channel sales, directing business to companies with like-minded eco and ethical agendas.
In part, the decision meant the Ventura, CA-based billion-dollar apparel brand would no longer be allowing its apparel to be sold for co-branding purposes to businesses in the oil, drilling, mining, and dam construction industries, among others, because Patagonia believes such industries are “ecologically damaging.”
So, imagine Patagonia’s upset when it learned that OC Media LLC, a company that provides networking events, digital marketing and more for the oil and gas industry, was retailing apparel under the name “Petrogonia,” using imagery that promotes the oil and gas industry.
Taking action, Patagonia filed a lawsuit against OC Media last week, alleging that use of “Petrogonia” and graphics on the apparel infringe on Patagonia trademarks.
Patagonia says the “Petrogonia” logo is virtually identical to Patagonia's mountain silhouette logo. The difference is that OC Media has switched out Patagonia’s mountain silhouette imagery with graphics of oil drilling/extraction machines in a petroleum field. Colors in the “Petrogonia” logo mimic that of Patagonia, the suit argues. The word "Petrogonia" also appears on the clothing in a font that seems to be essentially the same as Patagonia's word trademark.
"In blatant disregard of Patagonia's rights in the 'Patagonia' trademarks, and without authorization from Patagonia, OC started manufacturing, promoting, offering for sale, and selling apparel products and accessories bearing the 'Petrogonia' name and brand,” Patagonia said in its suit.
According to legal documents, OC Media is a Wyoming-based limited liability company with a principal place of business in Denver, CO. OC promotes products and services, including apparel, hats, beanies, marketing services, and event planning through its websites at oc-merch.com and oilconnect.co, court papers state.
In the suit filed in the U.S. District Court for the Central District of California, Patagonia alleges that OC Media has engaged in trademark infringement, copyright infringement and unfair competition, while diluting the Patagonia trademark. It requests that the court prohibit OC Media from selling the “Petrogonia” products, while also asking for compensation for unspecified damages and lost profits. It wasn’t clear when a trial might occur.