Redbubble denies Hells Angels’ interests ‘damaged’ in legal trademark stoush

A major trademark stoush between online retailer Redbubble and the Hells Angels bikie gang has continued in the Federal Court.

Online retailer Redbubble has claimed the interests of the Hells Angels bikie gang were not damaged when items bearing the group’s artwork were uploaded to their digital marketplace.

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

But Richard Cobden SC, acting for Redbubble, told the Federal Court on Tuesday the actions did not warrant further cost damages after previous court proceedings finalised in 2019.

Bikie gang Hells Angels is suing online retailer Redbubble in the Federal Court over allegations of trademark infringements.

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.

On Tuesday, Mr Cobden said no one from the Hells Angels had directly contacted the company about the items.

He said Redbubble used strict moderation software which was strengthened after they were made aware of the complaints.

Hells Angels items obtained from Redbubble’s store.

Mr Cobden said the company accepted there had been an infringement because the artwork had been shown on the Redbubble website, but it was not serious enough to warrant further damages being awarded.

The court was told the items were moved from the site after being detected by Redbubble’s software and the uploader’s account was placed into moderation.

Dimitrios Eliades, acting for the Hells Angels Motorcycle Corporation (HAMC), said the group was entitled to “some damages” as the trademark had been shared around on the website without authorisation.

On Monday, the court was told there were seven instances where Hells Angels artwork featured on Redbubble’s website between January 2020 and January 2021.

One was removed after 12 days but another remained available for purchase for almost a year.

The fresh legal action comes just two years after the bikie gang’s victory over the online retailer in the Federal Court.

In 2019, a judge found Redbubble had infringed on the Hells Angels’ trademark, but dismissed its case in relation to Australian Consumer Law.

Originally published as Redbubble denies Hells Angels’ interests ‘damaged’ in legal trademark stoush