Harley-Davidson sues Next…

The Financial Times has reported that Harley-Davidson, the US motorbike manufacturer, is suing Next over its “motorbike-inspired” t-shirt, stating that it copies its logo.

Harley-Davidson claims that the t-shirt’s biker angel wings and flames image, with the text “Rise and Roar” across the chest, infringed its trade mark.

At the time of the High Court application, the “Black Fearless Stud Graphic Long Sleeve T-Shirt” was available online at Next in sizes 3 years to 16 years, with prices ranging from £6 to £8.50.

Harley-Davidson said Next’s product “essentially replicates” the outline of its logo and the “graphic material and text…is commonly seen in the context of a motorcycle-based branding and more specifically the claimants’ branding”.

It’s view is that such branding would “call Harley-Davison to mind for many members of the public” and that this “gives rise to a likelihood of confusion on the part of the relevant average consumer”. 

It is understood that Harley-Davidson is seeking a declaration from the court that Next has infringed its trade mark and an order for the retailer to destroy “all infringing materials”. 

In recent years Harley-Davidson has been seen to launch a range of clothing somewhat more expensive than that launched by Next.  Within the lawsuit, it is understood that Harley-Davidson has said that this design has given next “an unearned and undeserved boost to it’s marketing”.

The motorbike manufacturer takes its Intellectual Property (IP) very seriously and has regularly pursued those it believes to piggyback off its brand in recent years.  In its annual report it said it has a “a vigorous worldwide program of trademark registration and enforcement to maintain and strengthen the value of the trademarks and prevent the unauthorised use”.

Next does appear to be taking this matter seriously as at the time of writing, the t-shirt is no longer available for purchase online.

How National Business Register Can Help Protect Your Brand

At National Business Register, we recognise that your brand is one of your business’s most valuable assets. Our team of IP experts can guide you through the complexities of brand protection. Whether you’re a start-up or an established business, we’re here to help you secure the unique aspects of your brand, ensuring it remains protected against imitation and misuse. Contact us to learn how we can support you in building a brand that’s not only memorable but also legally safeguarded.  You can email us at info@nbrg.co.uk or calling  0800 069 9090.

Don’t leave your IP to chance – let’s protect your business together.