${site.data.firmName}${SEMFirmNameAlt}

Harley Davidson sues clothing company over trademark

The California-based clothing company Affliction is being sued by Harley-Davidson over alleged trademark infringement according to reports. The lawsuit is said to have been filed in a federal court in the motorcycle manufacturer's home state of Wisconsin. According to reports, Harley-Davidson chose to take legal action after being unsatisfied with Affliction's response to a cease-and-desist letter sent to the company on Oct. 18.

The issue is said to have come to light when a motorcycle dealer received a shipment of clothing from Affliction that bore branding that was noticeably similar to Harley-Davidson's familiar Bar and Shield logo. After being informed about the similarities between the two logos, reports indicate that attorneys representing Harley-Davidson sent a letter to Affliction alleging that 20 of the Seal Beach-based company's products infringed intellectual property protected under U.S. law.

In response to the letter, Affliction is said to have offered to cease selling six of the items concerned. However, this response was not acceptable to Harley-Davidson and its attorneys who chose to eschew further negotiations in favor of initiating trademark litigation. Reports indicate that the motorcycle manufacturer is seeking $2 million in compensation for each of the products involved, the costs of running advertising to correct any consumer misunderstandings, compensatory damages, punitive damages and attorney's fees.

This case reveals how expensive intellectual property infringement can be, and attorneys with experience in this area may file lawsuits seeking significant damages when infringers are not negotiating in good faith or do not seem to be treating these matters seriously. However, these cases are often complex and pursuing them in court can be expensive, and attorneys may suggest striving for a negotiated solution once all of the parties involved accept the gravity of the issues at stake.

Source: Mortorcycle.com, "Harley-Davidson Suing Affliction for Allegedly Infringing on the Bar-and-Shield Trademark", Dennis Chung, Dec. 28, 2017

No Comments

Leave a comment
Comment Information
Email Us For A Response

Contact The Firm In San Diego, California

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Mazzarella & Mazzarella LLP
1620 Fifth Avenue
Suite 600
San Diego, CA 92101

Phone: 619-238-4900
Fax: 619-238-4959
San Diego Law Office Map

Review Us

Legal Associations