Hells Angels in logo war with hipster website

One of the world’s most feared bikie gangs has declared war on an old adversary — and it’s not the Queensland Government or police service.

The Hells Angels bikie club is suing a hipster online retailer over COVID-19 face masks, T-shirts and posters it sells online.

The Hillcrest-based Hells Angels Motorcycle Corporation (Australia) (HAMC) – the corporate arm of the local chapter of the world’s most notorious outlaw motorcycle gang, which was declared a criminal organisation by the Queensland government in 2013 – has sued Melbourne based stockmarket-listed Redbubble Limited in the Federal Court claiming the website has been unfairly profiting from selling their fearsome bikie logo on various items.

HAMC sued Redbubble for trademark infringement in the Federal Court two years ago in a similar case and won.

HAMC alleges its trademark officer Gavin Hansen made seven so-called “trap purchases” from the Redbubble website last year of items featuring the Hells Angels skull with a winged helmet logo, without the permission to use the trademarked design.

The Hells Angels have accused Redbubble Limited of profiting from their logo.

The items that allegedly infringe the trademark include face masks, stickers, beer coasters and posters and are emblazoned with the words “Hells Angels Brazil”, “Hells Angels Forever” and “Hells Angels Brotherhood”, the claim states.

HAMC alleges Redbubble is liable because it advertises, promotes and offers for sale the items. HAMC claims it is an authorised user of the Hells Angels trademarks owned by California based Hells Angels Motorcycle Corporation, and has asked the court to declare that Redbubble has breached trademark law by using its trademarks on its website in Australia, to ban them from using the marks and to pay damages

In its defence Redbubble denies the HAMC is entitled to damages for breach of its trademarks, arguing it removed three of the items from public view on its website before the HAMC sued.

Redbubble argues it regularly monitors its site for items sold by its users which might infringe trademarks, and removes them from public view.

It argues that HAMC did not complain about the items offered for sale before suing, which would have allowed them to be removed.

The Hells Angels have accused Redbubble Limited of profiting from their logo.

HAMC is jointly owned by Mark Nelms, purportedly from Hillcrest in Brisbane, Adelaide Chapter veteran Peter Keith Stacy from Edwardstown, and Terry McCormick from Browns Plains in Brisbane, company records state.

Justice Greenwood noted in his ruling in the similar dispute with Redbubble in 2019 that Mr Nelms had not been physically present in Australia since Christmas Day 2013 when he left to live in Dubai, and “now lives in Slovenia”.

Nelms was chair of the United Motorcycle Council which was formed to fight the Newman governments anti-bikie laws all the way to the High Court.

The suit comes as the corporations watchdog, the Australian Securities and Investments Commission, filed a proposal to deregister the HAMC. The case has been set down for a two-day hearing on July 12.