A Federal Court judge awarded the Hells Angels damages of $78,250 for breaching its winged death-head trademark.
The Hells Angels Motorcycle Club prevailed in the latest round of a trademark dispute with ASX-listed retailer Redbubble on Tuesday, when a Federal Court judge awarded damages of $78,250 for breaching the group’s winged death-head trademark.
Justice Andrew Greenwood found there was no “outright disregard” of the club’s rights, but said steps taken byThe fine is the biggest yet for Redbubble, which paid only nominal sums in its two previous copyright cases – $1 to Pokémon in 2017 and $5000Justice Greenwood said “a court cannot accept that infringements will be allowed to occur as a necessary, but unfortunate part of, the complexity of the working of [Redbubble’s] business model”.
Artists upload images to the Redbubble website and consumers can then order the images on various goods such as T-shirts, caps and mugs through its online store.The judge said four of the 11 images stayed on the site “for a period of time”, and even though Redbubble derived “very little financial benefit at all”, its conduct should be deterred, and especially so given the previous case.
Hells Angels filed its original claim in 2015, saying T-shirts on Redbubble with the group’s “death head” insignia and its motto “death before dishonour” breached its copyright.Justice Greenwood found for Hells Angels in 2019 but awarded only nominal damages of $5000 for a trademark infringement. He found the legal owner of the copyright over the death head image on the group’s membership card was still the original creator, tattoo artist Sundown.
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