Harley-Davidson has sued clothing company Urban Outfitters Inc. for allegedly violating Harley trademarks by buying licensed Harley clothing, shredding it, and then re-branding the apparel before re-selling it.
Harley-Davidson claims that Urban Outfitters violated the federal Lanham Act (which regulates trademarks) and Wisconsin law.
The shredding clothing is part of the Urban Outfitters “Urban Renewal” line. Urban Outfitters allegedly ripped sleeves and necklines off of Harley-Davidson tops to create a tank-top-style garment. Urban Outfitters also allegedly tore the bottoms of Harley shirts into strips to create streamers.
The complaint alleges that Urban Outfitters “cut through and mutilated” the Harley logo and replaced the Harley-Davidson tags and labels with its own.
The Urban Outfitters tags labeled the clothes as “vintage, recycled [and] remade.”
According to the complaint,
Urban Outfitters has used the Harley-Davidson marks in a variety of unauthorized ways that falsely suggest and are likely to create the mistaken impression that [the] reconstructed and materially altered products are authorized, approved and/or licensed by Harley-Davidson, when they are not.
Harley-Davidson claims that the retailer’s actions will likely dilute and tarnish the Harley trademarks, and that its actions constitute unfair competition and false advertising. The value of the Harley-Davidson brand has been estimated at $4.2 billion.
Harley-Davidson is seeking an injunction against further sales of their products by the retail chain.
Urban Outfitters was previously sued by the Navajo Nation for its use of the “Navajo” trademark on clothing, jewelry, and bags. The tribe was particularly concerned about its name being used for an underwear line and a liquor flask. The tribe bans “the sale and consumption of alcohol within its borders and the Navajo Nation does not use its mark in conjunction with alcohol,” according to its attorneys.
If you have questions about the sale and re-sale of products bearing third-party trademarks, contact our office to arrange a free consultation with one of our trademark attorneys.
At Sheldon Mak & Anderson, we recognize that innovation is your competitive edge – and it needs protection. Recognized as one of the country’s “Best Law Firms” by U.S. News and Best Lawyers, Sheldon Mak & Anderson was established in 1983 and is one of Pasadena’s oldest law firms. Our full-service IP firm provides local, regional, national, and international legal services in the following areas: patents, trademarks, copyrights, trade secrets, IP litigation, international patent and trademark prosecution, licensing, alternative dispute resolution, and green technology.
Contact our knowledgeable intellectual property attorneys today TOLL FREE at 1-855-UR IDEAS (1-855-874-3327) or email us at email@example.com to find out how we can provide powerful protection for your unique ideas.
We have offices conveniently located in Pasadena (626-796-4000, 100 Corson Street Third Floor, Pasadena, CA 91103-3842); Riverside (951-787-7770, 5885 Brockton Avenue, Riverside, CA 92506-1863); Upland (909-946-3939, 222 N. Mountain Avenue, Suite 210, Upland, CA 91786-5714); and Orange County (855-874-3327, 2102 Business Center Drive, Suite 130, Irvine, CA 92612-1001).
Disclaimer: We fully comply with all laws related to attorney marketing and this posting is considered an advertisement.
Photo Attribution: “motero” by diluvi.com Anna i Adria is licensed under CC BY 2.0