Harley Davidson TM battle against Urban Outfitters
US motorcycle company, Harley Davidson, who are known for their distinctive logo and design have taken action against clothing retailer, Urban Outfitters, claiming an infringement of their trade mark.
In addition, it was claimed that the use of Harley Davidson merchandise was also diluting the Harley Davidson brand.
The alleged infringement stemmed from the sale of a bodysuit by the clothing brand.
The body suits were named “FPV Harley Bodysuit” and were created from altered and reconstructed genuine Harley Davidson products.
Harley claims their trade marks were infringed in two ways.
Firstly, the use of genuine Harley Davidson merchandise bearing the logo and the altering them into new products.
Secondly, some products offered by Urban Outfitters were not made with Harley Davidson genuine products but were labelled as ‘Harley’ products.
This is not the first time Urban Outfitters have been is trade mark hot water with Harley Davidson.
In March 2014, a similar suit was made for the sale of altered Harley Davidson t shirts and tops.
Following this suit, Urban Outfitters entered into a settlement agreement where they agreed ” that it would not knowingly make, promote, sell, or distribute Harley-Davidson apparel products that have been ‘altered or reconstructed’”.
Urban Outfitters seemed to have ignored this agreement and will now face another claim.
Harley Davidson is now asking for a preliminary injunction, profits, statutory damages of $2 million per mark and costs.
Urban Outfitters may wish they had stuck to the agreement as it seems their attempt to gain some sales from the popularity of Harley Davidson may cost them more than they bargained for.
By Ellis Sweetenham