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26 May 2017Trademarks

Harley-Davidson obtains injunction against online counterfeiting group

Harley-Davidson has successfully obtained an injunction against a group of online counterfeiters running an internet store in China.

The final judgment order against the group was delivered in the US District Court for the Northern District of Illinois Eastern Division on Tuesday, May 23.

It also states that Harley-Davidson be awarded $1 million statutory damages from each of the defaulting defendants for wilful use of counterfeit Harley-Davidson trademarks.

“All monies currently restrained in defaulting defendants’ financial accounts, including monies held by PayPal, are hereby released to Harley-Davidson as partial payment,” said the order.

It added: “Until Harley-Davidson has recovered full payment of monies owed to it they shall have the ongoing authority to serve this order on PayPal in the event that any new PayPal accounts controlled or operated by defaulting defendants are identified.”

In the initial claim, filed in April, the US motorbike manufacturer claimed the “injuries and damages” sustained by it have been “directly and proximately caused by defendants’ wrongful reproduction, use, advertisement, promotion and sale of counterfeit Harley-Davidson products”.

“This action has been filed by Harley-Davidson to combat online counterfeiters who trade upon Harley-Davidson’s reputation and goodwill by selling and/or offering for sale unauthorised and unlicensed counterfeit products,” it added.

Harley-Davidson owns a number of trademarks relating to the Harley-Davidson name and various logos.

The defendants sold motorcycle parts, apparel, jewellery and other goods using counterfeit versions of Harley-Davidson’s federally registered trademarks.

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Trademarks
8 November 2017   Motorcycle manufacturer Harley-Davidson has sued a group of Chinese counterfeiters allegedly running internet stores to sell counterfeit goods to US residents.