Last Update: 28 October 2021
Harley-Davidson name is renown and been in use since the first motorcycle in 1903. The updated logo known as the “bar and shield” has been in use since around 2010. the brand is iconic and well protected with trademarks covering their vast line of motorcycles and all the accessories, gear, clothing, and more – that’s been built around the two-wheelers. As of recent, the American multi-national clothing corporate Urban Outfitters has been selling fashions where the Harley-Davidson logos are featured – and it’s not the first time.
This particular law-suite centers on bodysuits sold by the clothing retailer. The bodysuits, called “FPV Harley Bodysuit”, had been “altered and reconstructed” from genuine Harley-Davidson products, according to the claim.
Harley-Davidson Sues Urban Outfitters But This is Not The First Time
The motorcycle manufacturer said that Urban Outfitters had infringed its trademarks. In addition, Harley-Davidson argued that the clothing company had diluted its trademarks and was in breach of a contract between the companies.
Harley-Davidson sues Urban Outfitters for trademark infringement in March 2014. That suit was with regard to genuine Harley-Davidson t-shirts, tops and shirts that had been “altered” by the clothing company. According to the claim, products had been cut and mutilated by Urban Outfitters, shirts had been shredded and the side seams of shirts had been cut open.
The companies entered into a settlement agreement in May 2014, where Urban Outfitters “agreed that it would not knowingly make, promote, sell, or distribute Harley-Davidson apparel products that have been ‘altered or reconstructed”. However, Harley-Davidson argued that the retailer “did not enter into any agreements” releasing Urban Outfitters from any claims relating to these trademark violations.
The motorcycle company produces its own clothing and has “numerous” licensees in the US that are authorised to sell a wide range of merchandise. Harley-Davidson claimed that the bodysuit infringed its marks in “two ways”.
- Some of the bodysuits are made from genuine Harley-Davidson products that have been “altered” into new products that bear the company’s marks.
- Some of the products seem to not be genuine Harley-Davidson products and do not bear any of the Harley-Davidson marks, but have been sold with labels that bear the ‘Harley’ mark.
Harley-Davidson is asking for a preliminary injunction, profits, statutory damages of $2 million per mark, compensatory damages, punitive damages, costs, attorneys’ fees, a jury trial and other relief the court may consider appropriate.
Urban Outfitters, prepare!
