Harley-Davidson Files Lawsuit Against Next Over Alleged Trademark Infringement Regarding Children’s T-Shirt

Harley-Davidson Files Lawsuit Against Next Over Alleged Trademark Infringement Regarding Children’s T-Shirt

Harley-Davidson has initiated legal action against UK retailer Next, alleging Trademark Infringement concerning a children’s T-Shirt design.

The lawsuit was filed in the High Court’s Intellectual Property and Enterprise Court last month. The disputed item is a long-sleeved black t-shirt for children, adorned with angel wings and flames, accompanied by the phrase “Fearless heart, rise and roar.”.

According to court documents, Harley-Davidson asserts that Next explicitly states the chest graphics on the t-shirt were "motorbike inspired." Given the renown of the Harley-Davidson brand and the frequent use of "black and flame and wing motifs" associated with the motorcycle manufacturer’s branding and trademarks, it contends that Next's designers were cognizant that the chest graphics on the t-shirt bore resemblance to its trademarks and would evoke them for many members of the public.

Furthermore, it is argued that Next's design "creates a likelihood of confusion among the average consumer, namely ordinary members of the public.".

The disputed garment is listed on Next's website as a "Black Fearless Stud Graphic Long Sleeve T-Shirt,” available for purchase at prices ranging from £6 to £8.50 for children aged 3 to 16 years.

Harley-Davidson is petitioning the court for a declaration affirming Next's infringement of its trademarks and a directive for the destruction of "all infringing materials." However, it refrained from specifying the damages sought.

Beatriz San Martin, a partner in the intellectual property practice at multinational firm Arnold & Porter, noted that in the majority of cases involving such brand disputes, resolution is typically achieved outside of court proceedings, a common occurrence between brand owners and retailers.

She further commented, "Given Next's design flexibility to modify logos within its clothing range, and considering the presumably limited sales impact of the disputed t-shirt by Harley-Davidson, it's surprising that litigation was initiated rather than reaching an out-of-court resolution."

Harley-Davidson, headquartered in Milwaukee, has been embroiled in various notable legal conflicts, including a 2017 case against retailer Urban Outfitters and its subsidiary Free People concerning trademark infringement related to modified Harley-branded goods, such as body suits. The parties eventually reached an out-of-court settlement.

While the US motorcycle manufacturer primarily generates revenue from its motorcycles and parts division, its apparel sector remains significant. According to its latest quarterly revenue report, the company earned $64 million from apparel sales, $1.22 billion from motorcycles, and $166 million from parts and accessories.