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’s imagery] 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.
Looking for IP or Trade Mark Protection for Your Brand?
If you wish to gain exclusive rights to your business name, logo, tag line or design within the UK or globally, National Business Register Group (NBR) has been assisting businesses with trademarks and brand protection since 1984. Contact NBR on Info@nbrg.co.uk or by calling 0800 069 9090.
Looking for Business Name Protection?
If you want more information about how to protect your business name in the UK without registering a trade mark, contact us at Start.Biz where we will be able to assist with business name protection. Start.Biz is a subsidiary of NBR, please email Info@Start.Biz or call 0800 069 9090.
