‘Skulls’ and ‘winged helmets’: Hells Angels wins fight in Redbubble trade mark dispute
The online retailer is facing a lawsuit by the notorious bikie gang over t-shirts and beer holders after featuring their logo on its website.
A Federal Court Justice has found Redbubble is not released from facing a lawsuit by Hells Angels over novelty items bearing the bikie gang’s logos.
Federal Court Justice Jayne Jagot handed down a decision on Tuesday finding that a settlement agreement from May last year did not apply to a trade mark dispute between Hells Angels and online retailer Redbubble.
The gang last year took Redbubble to court after finding there had been seven instances where Hells Angel artwork featured on the website in the 12 months to January 2021.
One was removed after 12 days but another remained available for purchase for almost a year.
Trademark officers for the outlaw motorcycle gang became aware of the first breach of trademark in early 2020.
Hells Angels alleges 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.
It has now been revealed a further four instances where Redbubble allegedly infringed on its trademark since the matter was before the courts last year.
The judgment on Tuesday concerned an agreement which settled a separate trade mark dispute between the US branch of the Hells Angels and a company acquired by Redbubble, TeePublic.
Hells Angels US has claimed TeePublic infringed Hells Angels’ marks by allowing people to upload items and designs bearing the gang’s logos. The agreement settled the dispute for a payment of $US1,500 and held that Hells Angels would not sue TeePublic over the items.
Redbubble, which allows people and companies to upload items for sale on its website, acquired TeePublic in October 2018.
In court documents filed last December, after the trial was heard, Redbubble argued that the settlement agreement applied to the Australian trade mark lawsuit and meant Hells Angels could not sue the company over the alleged infringed marks.
Redbubble claimed the settlement agreement applied to the alleged infringements in Hells Angels Australia’s lawsuit because Redbubble was the corporate parent of TeePublic.
Hells Angels US and Australia knew that Redbubble owned TeePublic because the details of its acquisition was public information, the company argued.
Hells Angels said that the settlement agreement did not apply to the items sold on Redbubble’s marketplace because a “reasonable business person” would understand it applied only to merchandise sold on TeePublic’s website.
Justice Jagot said Hells Angels and Redbubble both made arguments which “struck [her] as tenuous”.
The judge found Redbubble failed to recognise that the settlement agreement resolved a dispute over items sold on TeePublic’s online marketplace.
“In this context, it is not to the point that the draft settlement agreement always included the corporate parent of (TeePublic),” said Justice Jagot.
“The deal being negotiated was concerned solely with the potential infringement of HAMC US’s intellectual property rights around the world by the operation of the TP Marketplace website.
“It is the dispute about that website alone which is being settled, not any other website … the settlement agreement says nothing about the operation of the Redbubble website.”
Federal Court Justice Andrew Greenwood heard the trial for the broader dispute against Redbubble in July 2021 and has reserved judgment.
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