If you're familiar with Harley-Davidson, then you probably recognize its logo and materials. The bold orange, black and white logo draws instant attention and is notorious in the biker community.
The company recently was in the news because of a claim that Affliction, a California-based clothing company, had infringed on its intellectual property. The lawsuit claims the company may have copied the company's logo and colors.
Filed in Wisconsin, the lawsuit states that one of its dealers received a wholesale shipment of clothing from Affliction. They informed the company of Affliction's logo, which was similar to Harley-Davidson's. Harley-Davidson sent an immediate letter asking the company to cease and desist.
Affliction allegedly responded that it saw the likeness, but it refused to stop selling all the items. It did agree to stop selling six, however. Harley-Davidson was not appeased, and now the company is seeking $2 million for each product for the violation of its property rights. It is also seeking attorney fees, damages and profits. On top of that, the company wants to see any additional products that infringe on its rights destroyed.
Cases like this are important for businesses like your own. When you own property and ideas, you must protect them. If there comes a time when it's difficult to get others to stop using your logos or products and claiming them as their own, it should always be within your rights to file a lawsuit or to ask them to cease and desist. Your attorney can help you file a lawsuit if another company is stealing or infringing on your rights.
Source: Promo Marketing Magazine, "Harley-Davidson Files Suit Against Apparel Company for Trademark Infringement," Tom Higgins, Jan. 5, 2018