22 December 2017Trademarks

Harley-Davidson obtains injunction against counterfeiters

Motorcycle manufacturer Harley-Davidson has obtained a permanent injunction against a group of counterfeiters allegedly running internet stores to sell fake goods to US consumers.

US District Judge Ruben Castillo signed a final judgment order on Wednesday, December 20, after the defendants failed to answer Harley-Davidson’s complaint.

As part of the order, the defendants were restrained from making or selling goods featuring the Harley-Davidson trademarks and the online marketplaces were ordered to cease providing services for the defendants.

The motorcycle company owns numerous US registered trademarks including number 0,507,163 for the ‘Harley-Davidson’ name, first registered in 1949, and 4,771,442 for the skull logo used for “a full line of jewellery in class 14”.

Harley-Davidson is also entitled to damages of $500,000 from each defendant. It had originally sought $2 million for each and every use of the trademarks.

PayPal was told to permanently restrain any non-US based accounts connected with the defendants, and the monies will be transferred to the motorcycle manufacturer.

Harley-Davidson sued the counterfeiters, which it alleged were based in China, in November at the US District Court for the Northern District of Illinois.

“Many of the defendants’ internet stores look sophisticated and accept payment in US dollars via credit cards, Western Union and PayPal. They often include content and images that make it very difficult for consumers to distinguish such stores from an authorised retailer,” said the complaint.

It’s yet another IP success this year for Harley-Davidson—in May, the company was granted an injunction against a group of Chinese counterfeiters and awarded $1 million statutory damages from each of the defaulting defendants for wilful use of counterfeit Harley-Davidson trademarks.

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More on this story

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.
17 April 2018   Motorcycle manufacturer Harley-Davidson has 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.
18 April 2018   Motorcycle manufacturer Harley-Davidson scored its largest-ever trademark win yesterday, obtaining $19.2 million in statutory damages for wilful counterfeiting from t-shirt designer SunFrog.