Aus court grants e-commerce site a stay in Hells Angel dispute
Redbubble was found to have infringed Hells Angel’s marks in July | The dispute centres on a trademarked ‘winged death head’ device.
The Australian Federal Court has allowed e-commerce site Redbubble’s bid to stay a series of orders while it appeals against decisions in a dispute with biker gang Hells Angels, subject to a series of conditions.
The court’s decision—handed down on September 6 and published yesterday, 13 September —allowed Redbubble to stay orders stemming from a July ruling, which had found that Redbubble was infringing Hells Angels’ trademarks.
Redbubble allows users to upload and commercialise their artwork, and other users can buy products featuring the art.
In July, the Federal Court issued two injunctions, ordering Redbubble to stop using the ‘Hells Angels' trademark and the ‘winged death head’ device on its goods and to pay damages of AU$78,250 ($52,578).
The court had previously refused Redbubble’s attempt to dismiss the allegations in March that year. Redbubble had cited a settlement agreement with one of its subsidiaries in May 2021, but the court had concluded that the scope of the settlement agreement does not apply to seven examples of the alleged infringements.
Now, the Federal Court has stayed the orders pending determination of Redbubble’s appeal
In its reasoning, the court noted that Hells Angels had filed an interlocutory application in which it seeks orders that Redbubble be punished for contempt of the 2022 injunctions.
The Australian Federal Court has ruled that e-commerce site Redbubble must face a lawsuit from biker gang Hells Angels for selling unregistered merchandise sporting the gang’s imagery.
“As is apparent from these circumstances, including the existence of Hells Angels’ application to punish Redbubble for contempt, the issue of whether the orders of Greenwood J (as modified by Logan J) should be stayed involves some urgency,” said the court.
It added: “If the orders stand, Redbubble may be in contempt of the court’s orders and may be punished as a result. If they are stayed pending the appeal no further contempt will occur.”
However, Redbubble will need to pay AU$78,250 into a trust account of Hells Angels’ solicitor.
Additionally, Redbubble is restrained from using a series of Hells Angels’ marks pending determination of its appeal.
Redbubble must maintain a surveillance system on its website and remove images/writing that might infringe the Hells Angels’ trademarks. The e-commerce site will need to remove any infringing images from its website within seven days of identification.
Additionally, Redbubble will need to remove any infringing images within seven days of being notified by Hells Angels. A failure to do this means that Redbuble will breach one of the July orders.
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