Harley-Davidson has agreed to end litigation against Urban Outfitters Inc., so long as the retailer never sells products bearing Harley’s famed symbols again.
A Wisconsin federal court last week signed off on a settlement, putting an end to Harley-Davidson’s claims of trademark infringement stemming from the trendy retailer’s sale of various deconstructed T-shirts offered as part of a “Vintage Revival” line at Free People.
There doesn’t appear to be a monetary aspect to the settlement despite Harley initially demanding $2 million in damages, but the agreement prohibits Urban from manufacturing or selling any shirts or products bearing any version of Harley’s nearly two dozen registered trademarks.
Urban is also prohibited from selling any genuine Harley goods or apparel that have been “altered or reconstructed,” as some of the shirts at issue had been.
Should Urban violate the terms of the settlement or the permanent injunction, Harley will be allowed to again pursue legal action.
Representatives of either party could not be reached for comment on the settlement.
Harley filed the suit in January, accusing Urban of selling through its Free People affiliate either genuine Harley shirts that had been reconstructed, without permission, while also selling a number of bodysuits bearing the Harley marks that were apparently fake, despite having Harley-branded tags and labels.
The motorcycle company said it found at least three bodysuits made with one or more of Harley’s registered marks, some of which had been made with genuine Harley shirts, but with the neck tags cut out and a Free People tag put in. Other body suits were apparently made from counterfeit versions of Harley goods.
The bodysuits retailed for around $120 and were even identified as “Harley” inventory on receipts, according to the complaint.
This is the second time Harley has sued Urban for the “willful” violation of its various trademarks.
The first suit came in 2014 and included much the same claims as the newer suit — namely that Urban’s “Urban Renewal” label was selling reconstructed genuine Harley brand T-shirts without permission.
That suit ended almost exactly three years ago with a settlement agreement that barred Urban from knowingly making or selling altered or reconstructed Harley apparel.
In its recent suit, Harley noted that during the years between the two settlements, Urban was caught at least twice selling counterfeit Harley T-shirts. Urban stopped selling the products after the motorcycle company “objected the these infringements,” but failed to do so in relation to the products being sold this year.
Harley sells its own line of apparel and accessories in stand-alone stores and online.
Harley merchandise is now listed as “no longer available” on Urban’s web site.
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