Harley-Davidson Takes Legal Action Against Next for Trademark Infringement
In a move that emphasizes the importance of trademark protection in the business world, iconic American motorcycle manufacturer Harley-Davidson has initiated a lawsuit against UK retailer Next. The case, filed in London’s High Court, revolves around a "motorbike-inspired" T-shirt sold by Next, which Harley-Davidson claims infringes upon its well-known logo and associated branding.
The Allegations
Harley-Davidson alleges that the T-shirt in question, decorated with biker angel wings, flames, and the phrase "Rise and Roar" prominently displayed on the chest, mimics the distinctive outline of its logo. The company argues that the design not only replicates the shape of its trademark but also incorporates elements commonly associated with Harley-Davidson’s branding, such as black and flame motifs.
According to Harley-Davidson, this design similarity is likely to cause confusion among consumers, leading them to believe the product is associated with or endorsed by the motorcycle brand. The item, referred to as the "Black Fearless Stud Graphic" long-sleeve T-shirt, has been available in sizes for children aged 3 to 16 years and was priced between £12 and £17 ($15 to $21 USD), recently reduced to £6 to £8.50 ($7.50 to $10.50 USD).
Harley-Davidson's Legal Demands
The Milwaukee-based company is seeking a declaration from the court that Next has infringed its trademarks. Additionally, Harley-Davidson demands that Next destroy all infringing materials. Although the lawsuit does not specify the damages sought, the action highlights Harley-Davidson’s commitment to safeguarding its brand identity.
Harley-Davidson’s filing includes visual comparisons of its logo and the allegedly infringing product, aiming to demonstrate the similarities and the potential for consumer confusion. The T-shirt's description as having "motorbike-inspired" chest graphics further strengthens Harley-Davidson’s claim that the design references its established imagery.
A History of Trademark Protection
Founded in 1903 by William Harley and Arthur Davidson, along with Davidson’s siblings, Harley-Davidson has grown beyond motorcycles to include a significant clothing line. In its most recent quarter, the company’s clothing arm generated $64 million in sales. The company has a long history of protecting its trademarks, engaging in numerous legal battles to prevent unauthorized use of its brand elements. Its most recent annual report highlights a robust global program aimed at maintaining and enhancing the value of its trademarks through registration and enforcement.
Next's Position
Next, one of the UK's oldest and largest fashion and homeware retailers, has acknowledged awareness of the claim but has declined to comment further. The retailer, known for selling both third-party and its own-label products, now faces the challenge of responding to Harley-Davidson’s allegations and potentially re-evaluating its product designs to avoid future conflicts.
The Importance of Trademark Enforcement
This case serves as a reminder of the critical role trademarks play in brand protection. For businesses, ensuring that their unique identifiers are not replicated or misused by others is essential to maintaining their market position and consumer trust. Harley-Davidson’s proactive approach in this matter underscores the lengths to which companies must go to defend their intellectual property.
As the case progresses, it will be interesting to see how the court evaluates the claims and the potential implications for both companies. Regardless of the outcome, the lawsuit reinforces the need for vigilance and thoroughness in trademark management and enforcement.
Ed White Law is a leader in Intellectual Property protection. If you have questions about protecting your brand, contact our firm.