In a dramatic turn of events, iconic motorcycle manufacturer Harley-Davidson has taken British retailer Next to the High Court, demanding the destruction of T-shirts they claim are “copycats” of their iconic logo. The dispute centres around designs featuring biker angel wings and flames, which Harley-Davidson argues could confuse consumers.
This legal battle comes on the heels of a challenging financial period for Harley-Davidson. After experiencing a 23% profit slump and a slowdown in high-end bike sales, the company is now fiercely defending its brand identity in court. Despite clothing sales accounting for only 5% of its revenue, Harley-Davidson is adamant about protecting its trademark.
Harley-Davidson’s commitment to brand protection is not new. Many recall the 2017 case where Harley-Davidson took Urban Outfitters to court over “mutilated” shirts. In that instance, Urban Outfitters was accused of modifying Harley-Davidson shirts by cutting off sleeves and labels and rebranding them as part of their “Urban Renewal” line. The case was eventually settled, with Urban Outfitters agreeing to stop selling all Harley-branded merchandise.
Now, Harley-Davidson is once again on the offensive, this time against Next. The company’s determination to safeguard its logo underscores the importance of trademark protection in maintaining brand integrity.
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Questions about this
Why did Harley-Davidson take Next to the High Court?
Harley-Davidson brought a High Court claim against Next over T-shirts it says copy its iconic logo, with designs featuring biker angel wings and flames. It argued the designs could confuse consumers and demanded that the T-shirts be destroyed. Clothing accounts for only around 5% of Harley-Davidson’s revenue, yet the company has shown it is prepared to defend its trademark on merchandise as firmly as on motorcycles.
Answered by Jonathan Paton, Founder & CEOCan a trademark protect a brand’s merchandise as well as its main products?
Yes, provided the registration covers the relevant goods. Trademarks are granted for specific categories of goods and services, so a brand that sells clothing alongside its core products benefits from including clothing in its registration. Harley-Davidson’s disputes with Next and, earlier, with Urban Outfitters show how seriously established brands treat merchandise, even when it is a small part of their revenue.
Answered by Jonathan Paton, Founder & CEOWhat happened in the Harley-Davidson v Urban Outfitters case?
In 2017 Harley-Davidson took Urban Outfitters to court over Harley-Davidson shirts that had been modified, with sleeves and labels cut off, and rebranded as part of an ‘Urban Renewal’ line. The case was settled, with Urban Outfitters agreeing to stop selling all Harley-branded merchandise. It shows that brand owners can and do take action over how their branded goods are altered and resold.
Answered by Jonathan Paton, Founder & CEO
