According to a lawsuit filed in U.S. District Court, this side-by-side photo shows a counterfeit Patagonia jacket that was offered for sale at a Marden’s location in Maine. Screenshot via Patagonia v. Marden’s court paperwork

Patagonia, the outdoor gear company famous for its mountain-range logo, is suing Marden’s Surplus and Salvage for trademark violations, alleging the bargain retailer knowingly sold counterfeit products at locations across Maine — a claim that Marden’s denies.

The California-based company further charges that Marden’s directed the manufacturing, distribution and import of the fake products, according to a lawsuit filed Tuesday in the U.S. District Court of Maine.

According to a lawsuit filed in U.S. District Court, this photo shows counterfeit Patagonia jackets on sale at a Marden’s in Maine. Screenshot via Patagonia v. Marden’s court paperwork

Marden’s has displayed dozens of counterfeit products at a time at its Scarborough location alone, “and likewise has dozens to several dozens of the counterfeit products on display” at its other locations, including in Biddeford, Gray and Sanford, Patagonia charges in its lawsuit.

Marden’s said Wednesday that it had no idea the gear, including down sweaters and jackets, was inauthentic.

“We don’t do business like that,” general manager Fox Keim said. “We were completely caught off-guard by this.”

Keim said Marden’s was first alerted to the lawsuit by members of the media early Wednesday afternoon, shortly before receiving a complaint letter from Patagonia.

The goods arrived a few weeks ago and only recently landed on sales floors, Keim said. Many had not sold and were removed from racks Wednesday afternoon, he said.

A counterfeit Patagonia jacket that the company says was offered for sale at a Marden’s in Maine. Screenshot via Patagonia v. Marden’s court paperwork

“These jackets were sold and invoiced to Marden’s as authentic Patagonia product,” he said in a written statement. “Marden’s is aggressively looking into this and encourage any customers who purchased one of these Patagonia down sweaters to return it to your local Marden’s for a full refund.”

Marden’s, which is headquartered in Winslow and celebrated its 60th anniversary late 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, factory and store closeouts, and other surpluses.

The “visually identical” counterfeits are likely to confuse and mislead consumers, Patagonia charged.

Patagonia claims dilution of a famous mark, unfair competition, trademark infringement and counterfeiting; it is demanding financial compensation, including all profits from the allegedly illegal sales, and that Marden’s be barred from manufacturing and selling anything resembling Patagonia products. The company has requested a jury trial.

Gregory Gilchrist, a California-based attorney representing Patagonia, said that, as a policy, he does not comment on his clients’ lawsuits.

“We’ll be in touch with Marden’s and see what we can work out,” Gilchrist said on a phone call Wednesday afternoon.

Patagonia did not immediately respond to a separate request for comment Wednesday.

The company, founded in 1973, has a history of trademark disputes, many citing concerns about diluting the brand’s image.

It sued Anheuser-Busch for its Patagonia Cerveza brand in 2019 before settling in 2021. In 2022, it sued Walmart and another company for selling clothing with marks resembling Patagonia logos.

Last year, Patagonia settled with Nordstrom after accusing the retailer of knowingly selling “thousands of counterfeit” sweatshirts and T-shirts through its Nordstrom Rack chain, according to court documents. Nordstrom denied those charges.