The Hells Angels have launched fresh legal action against an online retailer after discovering their artwork for sale on the Redbubble website.
The online marketplace is being sued by the Australian arm of the bikie gang over claims it infringed on the Hells Angels trademark when novelty items bearing the gang’s logo were displayed on their website.
Lawyers for both parties appeared at the Federal Court in front of Justice Jayne Jagot on Tuesday.
The gang last year took Redbubble to court after finding there had been seven instances where Hells Angel artwork featured on the website in the 12 months to January 2021.
One was removed after 12 days but another remained available for purchase for almost a year.
Trademark officers for the outlaw motorcycle gang became aware of the first breach of trademark in early 2020.
Hells Angels alleges Redbubble, which launched in 2006 in Melbourne, allowed its namesake artwork and logo to be uploaded and made available for printing on items like T-shirts, face masks and beer holders.
Richard Cobden SC, acting for Redbubble, told the court on Tuesday the online retailer “admitted infringement” in the original seven instances.
Mr Cobden explained the company uses “proactive moderating”, meaning a rights owner can send Redbubble the words, phrases and images they don’t want used on the website.
“If they come across their image, the rights owners can tell us immediately so that we can take it down, and everybody’s happier, and rather than us getting sued, we get it down, and rather than people making T shirts, the rights only gets taken off,” Mr Cobden told the court.
However, it has now been revealed a further four instances where Redbubble allegedly infringed on its trademark since the matter was before the courts last year.
Mr Cobden said people associated with Hells Angels Australia searched the website and found more alleged infringements, prompting them to reopen the case.
The trial initially concluded in July 2021, but Justice Andrew Greenwood agreed to reopen the trademark dispute after the Hells Angels found new evidence of the “ongoing rights infringements”.
Hells Angels alleges Redbubble allowed artwork, including its death head design, to be uploaded and made available for printing and purchase on various items, including T-shirts.
Mr Cobden said no one from Hells Angels had directly contacted the company about the items.
However, solicitor for the gang Dr Dimitrios Eliades told the court two cease and desist letters were sent to the legal department of TeeRepublic, a website of which Redbubble is the parent company.
“There was a reference to at least 38 items, but there would be more,” Dr Eliades said.
“The allegation is that the appearance of the 38 items infringes Hells Angels’ US intellectual property right.”
Dr Eliades said the proceeding in Australia was an example of the Hells Angels US providing “worldwide enforcement” on the litigation issues through Hells Angels Australia.
Justice Jagot adjourned the hearing, reserving her judgment.
The fresh legal action comes three years after the bikie gang’s victory over the online retailer in the Federal Court.
The Federal Court in 2019 found Redbubble had infringed on the Hells Angels’ trademark, but dismissed its case in relation to Australian Consumer Law.
