Harley-Davidson is suing California-based GearLaunch, Inc. and 6 associated businesse – Gear Harley, TeeKiwi, TeeFuny, TeeSeason, Biker’s Corner and TeeDig – for trademark counterfeiting, infringement and dilution, cybersquatting, copyright infringement and unfair competition. Harley alleges the companies have sold 15,627 pieces of clothing that infringe on Harley’s logos. In particular, Harley said the clothing utilized the Bar & Shield, Willie G. skull and Number 1 logos.
In the lawsuit filed in the U.S. District Court’s Eastern Wisconsin district, Harley-Davidson states that by selling apparel without authorization GearLaunch is creating confusion in the marketplace and potentially damaging Harley’s brand, which it says is valued at $5.46 billion. In 2015, general merchandise, which includes apparel and riding gear, accounted for 5.5 percent of motorcycle segment revenue at $292.3 million.
Harley is seeking an order blocking the defendants from continuing to sell Harley branded merchandise, $2 million in statutory damages per product type for each of the six trademarks allegedly infringed on, $150,000 per work infringed on, all profits from the sale of infringing products, $100,000 per domain name deemed to constitute cybersquatting and other damages and attorney’s fees.
I’m definitely no expert on copyright law, but it seems like HD is going for the throat. That is a pile of money in damages. But, if I was spending the money on the marketing and design departments to produce and sell this stuff, I wouldn’t too happy about people trying to rip me off either.
Well if that company was stupid enough to sell product without permission/license, they deserve what they get. They’ll probably just fold up shop though.
The only losers appear to be the people that bought the stuff.
Harley should go after them. Blatant thievery.
From an income standpoint, they’re just protecting one of their biggest assets.
T Shirts worth more than their own Harley davidson motorcycles
TD-if true, all the more reason to protect the image. Same thing Polaris would/will do the minute someone starts selling unauthorized “Indian Since 1901” Tees, leathers, lighters, etc. When something like a shirt is worth more because of someone else’s trademark, that trademark is obviously valuable and a cost center no mfr. would let slide.
Hey Cyril,
guess who found these fakes in the web? 🙂
Cheers
its like the copy right laws in China “we have the right to copy yout products”
cybersquatting ok chief big twin
Go for it HD. “Indian Since 1901” Really! They ceased operation in 1953. Is that not misleading? Kinda like a lie.
Knucklehead your absolutely correct and it is a lie,Polaris Indian may be better than the company’s that came after the fall of Indian,but it’s,it’s own Indian with a 2100 century marking and name.
They need to check out Venice Beach With the hundreds of different counterfeit HD products and everyone in breach of Trademark.
Baldy is right. Boardwalk is loaded with counterfeit t shirts and bloated tourists buying them. Of course those are the tourists that Bartels didnt route by bus first. Just be aware of the contact high from all the dispensaries slingin Humbolt County’s finest. On another note props for the Discovery 3 part biopic, maybe that stokes those who realize HDs brand has legacy that should be honored and not bastardized by cheap profiteers.
RE:
“…Discovery 3 part biopic, maybe that stokes those who realize HDs brand has legacy…”
Well, all the politically correct touchy-feely crap aside, that special should have been a eye opener for all those rhinestone cowboys so that they understand what it means to be a “real motorcyclist.”
-nicker-