Online shop ordered to pay Hells Angels bikie gang $78,000 over logo use
Online retailer Redbubble has been ordered to pay $78,000 in damages to the Hells Angels for selling items displaying the outlaw motorcycle gang's logo.
The court ruling was the second against Redbubble in three years, after it was penalised $5000 for selling items marked with the Hells Angels symbol in 2019.
Redbubble argued that it had undertaken moderation, removing some items that had been emblazoned with the name and death's-head symbol.
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Items making unauthorised use of the Hells Angels patch have been found for sale online. Nine
But Federal Court Justice Anthony Greenwood said while Redbubble had taken "a number of steps" to prevent infringement, it had clearly not worked.
"The fact is that its business model enables the conduct," he said in his judgement.
"Redbubble seeks to address the conduct within the limits of its business model, but its business model brings about the conduct the subject of this proceeding."
Greenwood conceded that Redbubble had derived "very little financial benefit" from the infringements.
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In fact, the only sales recorded for the items in question were to Hells Angels members who were looking for breaches of copyright.
But nonetheless, Greenwood found that it was reasonable to award damages on the basis of trademark infringement.
Redbubble were ordered to pay $78,250 and costs.
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