Monday, April 22, 2019

Hells Angels v Redbubble

HAMC Australia, as exclusive licensee of Hells Angels Motorcycle Corporation (HAMC US), alleged Redbubble had infringed the copyright in the membership card image. To establish copyright infringement, HAMC Oz first had to prove HAMC US was the owner of the copyright in the Membership Card image for the purposes of Australian law. That meant an assignment of copyright had to be in writing. It wasn't.

The court eventually ruled that HAMC Oz was an authorized user and did have standing to sue Redbubble for trade mark infringement. Damages in this case were minimal, meaning HAMC Oz ate all their legal fees. A 'win' but one costing dearly.
See ----->HA loses lawsuit against Oz's Redbubble