Hells Angels in trademark fight with online store

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The Hells Angels are fighting to restrict what a T-shirt website can sell after being awarded nominal damages following a years-long legal battle over copyright and trademark infringement.

Lawyers for the Australian arm of the bikie organisation and website Redbubble, which sells "user-submitted artwork" on items like T-shirts and coffee mugs, appeared in the Federal Court in Brisbane on Monday.

 

The judge is considering submissions in the long-running legal dispute between the Hells Angles and Redbubble.

The judge is considering submissions in the long-running legal dispute between the Hells Angles and Redbubble.Credit:Paul Rovere

The bikie organisation has been locked in a legal battle with the website since 2015 when the Hells Angels took Redbubble to court over a number of t-shirts advertised on the site.

The Hells Angels claimed the designs, some of which included their flying skull logo, breached copyright and infringed on their trademark.

In March, a judge found their copyright case had failed.

However, a trademark infringement claim was made out for a number of T-shirt designs advertised on the site.

The highest selling T-shirt that included the designs sold just two units while one example featuring a design did not sell according to the judgment.

The Hells Angels were awarded $5000 in nominal damages.

On Monday, lawyers for the Hells Angles told the court they were seeking an injunction on the sale of items related to their trademark.

Lawyers for Redbubble said the site "errs strongly on the side of caution" when removing material that could infringe on trademarks or copyright.

The case adjourned on Monday for the judge to consider submissions made.

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News Article written by: 
Nicholas McElroy
Source of News article: 
brisbanetimes.com.au




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