Harley-Davidson takes on Chinese counterfeiters
Harley-Davidson took unnamed Chinese counterfeiters to court yesterday, as part of the motorcycle manufacturer’s sustained efforts to crack down on fakes.
In a claim filed at the US District Court for the Northern District of Illinois on February 5, Harley-Davidson accused a group of interrelated individuals and business entities that reside in China or other foreign jurisdictions of running online stores that sell fake goods.
With the Harley-Davidson brand valued at nearly $5.5 billion, it comes as no surprise that counterfeiters are attempting to deceive customers into thinking that they are buying genuine Harley-Davidson goods
Harley-Davidson’s current enforcement strategy seems to be working. The company has obtained rulings in more than 15 jurisdictions, including a series of successes before the US courts.
In April last year, the motorcycle manufacturer secured $19.2 million in statutory damages in a trademark clash with t-shirt designer SunFrog, in what is Harley-Davidson’s largest-ever trademark infringement win.
In its most recent complaint, Harley-Davidson has claimed many of the defendant stores appear “sophisticated” and accept payment in US dollars, making it very difficult for consumers to distinguish such stores from an authorised retailer.
Harley-Davidson’s products are sold through a network of nearly 700 authorised dealers located throughout the US.
“The goodwill associated with the Harley-Davidson brand and the Harley-Davidson trademarks is of incalculable and inestimable value to Harley-Davidson,” added the claim.
The online stores “further perpetuate the illusion of legitimacy” by offering customer service and using indicia of authenticity and security that consumers have come to associate with authorised retailers, such as the Visa, MasterCard and PayPal logos.
“Tactics used by defendants to conceal their identities and the full scope of their counterfeiting operation make it virtually impossible for Harley-Davidson to learn defendants’ true identities and the exact interworking of their counterfeit network,” added the claim.
Harley-Davidson is seeking injunctive relief against the defendants, an order that online marketplaces hosting the users will disable the services being used to sell the fake goods and profits.
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