A federal judge has ordered a web-based retailer of graphic T-shirts and other apparel to pay Patagonia $64,000 in statutory damages in a case that centered on trademark infringement claims on apparel.

California-based U.S. District Judge Percy Anderson also permanently barred T-Shirt AT Fashion LLC and its affiliates/aliases from making and selling any products or services that infringe on Patagonia’s trademarks. Additionally, Anderson prohibited the online seller from otherwise using the outdoor clothing brand’s legally held marks.

The ruling came as grocery store chain Trader Joe’s is also pressing a lawsuit against T-Shirt AT Fashion for alleged trademark infringement on apparel. In the cases, T-Shirt AT Fashion allegedly mimicked Patagonia and Trader Joe’s logos on tees in conjunction with profane messages.

Whether Patagonia – or, eventually, Trader Joe’s – will ever collect from T-Shirt AT Fashion is uncertain.

The web retailer didn’t respond to the lawsuits or related court notices, according to case documents. That led Anderson to grant Patagonia’s request for a default judgment against T-Shirt AT Fashion.

Trader Joe’s is also pursuing a default judgment due to lack of response from T-Shirt AT Fashion. The grocer is asking for $2 million in statutory damages, plus post-judgment interest at the legal rate until paid.

Patagonia had requested about $230,000 in statutory damages. It was awarded $30,000 for statutory damages for copyright infringement and $30,000 in statutory damages under the Lanham Act. The company was also granted another $4,000 for attorneys’ fees and is able to recover the costs of its lawsuit.

Trader Joe’s is suing an online apparel seller in an alleged trademark infringement case centered around profane and politically incendiary T-shirts.https://t.co/sJuiXkaXKE

— Chris Ruvo (@ChrisR_ASI) April 24, 2023

Both the Patagonia and Trader Joe’s lawsuits asserted that vagaries shroud T-Shirt AT Fashion. Court papers indicated that the company’s corporate status is unknown, and the firm allegedly has sold graphic apparel online through multiple e-commerce stores under various aliases. Nice Frog Tees, Meomeo Shirt, and Tee Hand US are among the aliases named in both suits.

Cleveland, TX, is given as a physical address for the company on the still-operating T-Shirt AT Fashion website, though the Trader Joe’s suit said a business under the “T-Shirt AT Fashion” name is not registered with the Texas Secretary of State.

‘Traitor Joe’ & Other Controversial Tees

In the Patagonia case, one alleged trademark-violating T-shirt featured the Patagonia logo with an explicit phrase written in what’s essentially the same white typeface used for the real Patagonia nameplate.

The phrase was printed just below a black silhouette depiction of Monte Fitz Roy, with blue, violet and orange shades depicting the sky above the peaks – all a precise replication of the real Patagonia logo, other than the offensive phrase, the suit said.

Interesting, too, because grocery chain Trader Joe's is also suing the same online apparel seller for trademark infringement on graphic tees. https://t.co/NlVXYfV7pE@asicentral

— Chris Ruvo (@ChrisR_ASI) May 4, 2023

Another T-shirt featured the phrase “Catagonia” and substitutes cat silhouettes for the peaks, setting them against the Patagonia sky logo. An additional tee says “Wakanda” – the mythical homeland of the “Black Panther” character in the Avengers movies series. The “Wakanda” was again in Patagonia typeface and backdropped by the sky portion of the Patagonia logo.

Meanwhile, Trader Joe’s alleged that T-Shirt AT Fashion was selling on its website a tee that bore a lewd phrase referencing a sexual act. Trader Joe’s logo and word mark appear on the shirt in connection with the phrase.

T-Shirt AT Fashion was also allegedly retailing T-shirts that showed a picture of President Joe Biden along with the phrasing “Traitor Joe’s.” The design of the “Traitor Joe’s” phrase looked like the actual trademarked Trader Joe’s logo, using a similar font, color, concentric circle border and general composition, the complaint stated.