Jul 20, 2022

Outlaw Victory

The Hells Angels Motorcycle Club (“the Hells Angels”) have been awarded nearly £45,000 (78,000 Australian dollars) for trade mark infringement.

The Australian Federal Court ruled in favour of the Hells Angels, ordering the global online market place Redbubble to pay the sum of damages. According to papers filed with the court, eleven instances of trade mark infringement were found. This is the second ruling of such. In 2019, Redbubble were ordered to pay the Hells Angels $5000 for intellectual property infringement.

Redbubble is an online market place whereby users can upload artwork which can then be printed onto various products including clothing and mugs. The company was founded in 2006 in Melbourne, Australia. Redbubble use keywords to filter and pick out uploads which may violate intellectual property rights.

The court ruled the process in place to detect and prevent infringement of intellectual property rights was flawed. In his judgment, Justice Andrew Greenwood acknowledged that proceedings between the parties had previously been brought and further measures should have been taken to prevent infringement.

This ruling comes as a stark warning to online market places, reiterating the importance of implementing measures to prevent infringement of intellectual property rights.

If you have any questions on the above, please do not hesitate to contact the team at McDaniels Law on 0191 291 4000 or legal@mcdanielslaw.com.

in: Case Law, Companies, Consumer Law, Copyright, Trade Marks

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