Hells Angels and Redbubble trademark legal stoush heats up in Federal Court

The head of the originating American chapter of the outlaw motorcycle gang has given evidence in an Australian court.

A legal stoush between the Hells Angels and online retailer Redbubble is heating up yet again, with the American head of the outlaw motorcycle gang giving evidence in an Australian court.

Frank Serignese, who runs the original United States corporation, appeared virtually in the Federal Court on Monday.

The Australian arm of the notorious gang has launched another round of legal action against the marketplace, over claims it infringed on its trademark. Redbubble denies the claims.

Hells Angels alleges Redbubble allowed artwork, including its death head design, to be uploaded and made available for printing and purchase on various items, including t-shirts.

The Hells Angels logo has been around since the 1950s.

Mr Serignese, who has been a Hells Angels member for more than a decade, said two Australian members were responsible for using and protecting the group’s trademark throughout the country.

However, he played down the organisation’s ability to monitor all infringements.

“We’re worldwide and it’s hard for us to catch everything,” he said.

“We’re not that good.”

On the opening day of the hearing, the court heard there had been seven instances where Hells Angels artwork featured on the Redbubble website between January 2020 and January 2021.

One was available for purchase for almost a year, while another was removed after 12 days.

Hells Angels Australia trademark officer Gavin Hansen said he became aware of the first one in the first half of 2020.

Redbubble was launched in Melbourne in 2006.

The court heard he purchased items featuring the Hells Angels artwork, before sending confirmation emails onto the governing body in the US.

But when asked if he contacted Redbubble and requested the designs be removed, he said no.

“Redbubble had a responsibility after the first proceeding and they committed again,” he said.

“That’s just unacceptable.”

Mr Hansen denied the reason he didn’t contact Redbubble was so the artwork could be ordered by as many Australian consumers as possible.

“I don’t think they would’ve listened because they didn’t listen during the first hearing,” he said.

“How many times can you go down that path, without a result?”

The Federal Court in 2019 found Redbubble had infringed on the Hells Angels’ trademark, but dismissed its case in relation to Australian Consumer Law.

Redbubble assistant general counsel James Toy told the hearing the company had significantly improved its detectivity and had measures in place to remove duplicate designs.

The case continues.