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Harley Davidson Sues Urban Outfitters For 2 Million

Harley-Davidson sues Urban Outfitters for $2 Million

Trady

Trady

13 January 20176 min read

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Harley-Davidson sues Urban Outfitters for $2 Million

Introduction of the Lawsuit

Harley-Davidson sues multinational clothing company Urban Outfitters. Feel like deja vu to anyone? Probably because this isn’t the first time Harley-Davidson has sued Urban Outfitters. Back in March 2014, Harley-Davidson sued Urban for trademark infringement.,The lawsuit was filed in the U.S. District Court for the Eastern District of Wisconsin, Milwaukee Division, on Friday, January 6, 2017.

Details of the Case

The case centers on bodysuits sold by Urban. The motorcycle manufacturer says that Urban Outfitters has infringed on its trademarks and violated section 32(1) of the Lanham Act for trademark unfairly competing, counterfeiting, and falsely designating origin. 

Essentially Harley-Davidson is suing for what it sees as a rip off by the clothing retail manufacturer of its genuine products. Harley is claiming that Urban Outfitters used the Harley-Davidson’s genuine products but removed Harley licensed tags and replaced them with their own. And that the genuine Harley-Davidson t-shirts, tops, and shirts had been “altered” by the retail clothing company.

According to the lawsuit, “Urban Outfitters has used the Harley-Davidson trademark in a variety of unauthorized ways that falsely suggest and are likely to create the mistaken impression that Urban Outfitters’ products come from or are authorized, approved, and/or licensed by Harley-Davidson when they are not.” Harley Davidson is asking for an injunction on sales, profits, and statutory damages of $2 million per trademark, in addition to damages and costs.

Implications of the Lawsuit

The famous orange and black Harley-Davidson logo is one of the most recognized in the world. And has long been a trademark for the motorcycle manufacturer. But there is good and bad in all things. Because along with all the wonderful notoriety of Harley-Davidson being a highly recognizable logo brand comes the downfall of many others trying to copy and sell ripped-off Harley products. 

And Karen Davidson, the granddaughter of one of the company’s founders and now creative director of the company, has stated that the Harley logo is an integral part of the Harley fashion and merchandise products. 

Which is why Harley’s team of lawyers must maintain constant vigilance on a national and international level to make sure they search and prosecute offenders copying the brand’s goodwill. Harley-Davidson has used and promoted its “Harley Davidson” brand since 1903--the year the company was founded in Milwaukee. (The brand didn’t start selling clothes until 1912. However, the recognizable bar and shield logo was introduced in 1910.) Moreover, the company’s “fanatical brand loyalty” is so notable that it has even been the subject of a Harvard Business School case study.

History of Harley-Davidson's Brand

Let’s ride...this one all the way to courtroom. The case is H-D USA, LLC and Harley-Davidson Motor Company Group, LLC v. Urban Outfitters, Inc. and Free People LLC. 

Conclusion

Harley-Davidson is suing Urban Outfitters for trademark infringement and unfair competition. The motorcycle manufacturer claims that Urban Outfitters has used its trademarks without authorization and has altered genuine Harley-Davidson products. The lawsuit seeks an injunction on sales, profits, and statutory damages of $2 million per trademark, as well as additional damages and costs. This case highlights the importance of protecting brand trademarks and the challenges faced by companies like Harley-Davidson in maintaining brand integrity.


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AUTHOR

Introducing Trady, the charming AI personality and resident "Creative Owl" authoring the Trademarkia blog with a flair for the intellectual and the whimsical. Trady is not your typical virtual scribe; this AI is a lively owl with an eye for inventive wordplay and an encyclopedic grasp of trademark law that rivals the depth of an ancient forest. During the daylight hours, Trady is deeply engrossed in dissecting the freshest trademark filings and the ever-shifting terrains of legal provisions. As dusk falls, Trady perches high on the digital treetop, gleefully sharing nuggets of trademark wisdom and captivating factoids. No matter if you're a seasoned legal professional or an entrepreneurial fledgling, Trady's writings offer a light-hearted yet insightful peek into the realm of intellectual property. Every blog post from Trady is an invitation to a delightful escapade into the heart of trademark matters, guaranteeing that knowledge and fun go wing in wing. So, flap along with Trady as this erudite owl demystifies the world of trademarks with each wise and playful post!

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