Giving Redbubble Hell: Motorcycle gang’s $78,000 payday from retailer

The Hells Angels outlaw motorcycle gang has won a legal battle after discovering its famous “death head” design was being ripped off.

A global online retailer has been ordered to pay thousands of dollars to the Hells Angels Motorcycle Club after the gang discovered its artwork was for sale on the Redbubble website.

The online marketplace was sued by the Australian arm of the bikie gang over claims it infringed on the Hells Angels trademark when novelty items bearing the group’s logo were displayed on the Redbubble website.

The Federal Court on Wednesday ruled in favour of the bikies, finding Redbubble had infringed on the club’s trademark, and ordered it to pay $78,000 in damages.

Hells Angels has been awarded a $78k payout by Redbubble. Picture: Federal Court

Hells Angels took the retailer to court last year after finding there had been several instances where their artwork featured on the website in the 12 months to January 2021.

Hells Angels claimed Redbubble, which launched in 2006 in Melbourne, allowed its namesake artwork and logo to be uploaded and made available for printing on items like T-shirts, face masks and beer holders.

Trademark officer for the outlaw motorcycle gang, Gavin Hansen, became aware of the first breach of trademark in early 2020.

According to the judgment handed down on Wednesday, Mr Hansen bought two T-shirts, a canvas-mounted print and set of coasters in May 2020 and delivered them to his Queensland home.

The motorcycle gang found the website was selling merch with its logo and name. Picture: Federal Court

A face mask was one of the items sold. Picture: Federal Court

He then bought another T-shirt in October 2020 which had the words “Hells Angels” on it and a face mask with the winged skull.

At a hearing earlier this year, Mr Hansen showed the court screenshots of further items for sale.

A total of 11 instances of trademark breach were found, according to the judgment.

Richard Cobden SC, acting for Redbubble, earlier this year told the hearing the online retailer “admitted infringement” in the original seven instances.

Mr Cobden explained the company uses “proactive moderating”, meaning a rights owner can send Redbubble the words, phrases and images they don’t want used on the website.

In his judgment, Justice Andrew Greenwood said Redbubble is not to use the sign “Hells Angels” or any sign substantially identical with or similar to the gang’s logo.

He ordered Redbubble to pay Hells Angels $8,250 for nominal damages and $70,000 for additional damages.