American motorcycle brand Harley Davidson is in the midst of a design dispute with UK-based clothing retailer Next. It's threatening legal action over a "copycat" logo design featured on a children's t-shirt created by the UK brand, which Harley Davidson claims will give "rise to a likelihood of confusion" should it continue to be sold.
Logo design is integral to a brand's identity and with a legacy dating back to 1903, it's natural that Harley Davidson is keen to protect its brand. It's not the first and it certainly won't be the last occasion in which the brand defends its identity: a recent report claimed it had "a vigorous worldwide program of trademark registration and enforcement."
The item in question is a black long-sleeved t-shirt featuring a winged badge motif complete with flames. According to legal documents reported by Financial Times, the motorcycle brand claims that the piece "essentially replicates" its logo, featuring "graphic material and text which is . . . commonly seen in the context of a motorcycle-based branding and more specifically the [Harley Davidson's] branding.”
While Next describes the clothing item as a "motorbike-inspired graphic with flame sleeve prints”, Harley Davidson claims that the design would likely draw connections to its brand for "many members of the public”, with the potential to cause "confusion on the part of the relevant average consumer”.
The dispute has been taken to the High Court and is currently ongoing, with Harley Davidson calling for Next to remove and destroy "all infringing materials." For more design disputes, check out Volkswagen's latest attack on what it has called a “bastardised” logo ripoff, or take a look at why the new Massimo Dutti logo is really upsetting people.
