Harley-Davidson Riding Next to Court

Written by Swasti Mehta.

In short: The famous motorbike company, Harley-Davidson, is suing UK-based clothing brand Next for Intellectual Property infringement.

What’s Going On?
Harley Davidson started as a motorcycle brand and eventually set up an apparel business as well. Although it primarily focuses on the former, the latter brings significant earnings to the company accounts. You may wonder then, ‘What’s next for Harley-Davidson?’ Apparently, a lawsuit against Next! The Company filed a lawsuit against Next in the UK High Court’s Intellectual Property and Enterprise Court in May 2024 for alleged IP infringement of its trademark. This is because Next is selling a kid’s T-shirt with angel wings, flame, and black motifs on it which is allegedly very close to Harley Davidson’s own branding. The T-shirt says, ‘Rise and Roar.’

What Does This Mean?
The intellectual property of an individual requires permission to be used. An infringement may lead to the court granting the plaintiff remedies such as injunction against selling of infringing goods, damages etc. Harley-Davidson is claiming its trademark over the shape of its branding and black and flame motifs which are other elements of its trademark. Harley-Davidson claims that such a logo on Next’s top will confuse customers about the branding and it may be mistaken as a Harley-Davidson T-shirt. It further supports its argument by throwing light on the description of Next’s product which mentions that it is motorbike inspired. The Company is, therefore, seeking a declaration of infringement and destruction of all infringing material. This displays how much of an active role a company has to play in order to protect its intellectual property rights.

How Does This Impact Law Firms?

Intellectual Property Law: The lawsuit between Harley-Davidson and Next will significantly boost demand for intellectual property lawyers. They will be tasked with representing Harley-Davidson in court, arguing the case for trademark infringement and demonstrating the similarities between the brands. Lawyers will also draft and file all necessary legal documents to support the lawsuit. Additionally, they’ll work on securing injunctions to halt the sale of the infringing T-shirts, and will negotiate settlements or licensing agreements that might arise as an alternative resolution to the dispute.

Commercial Litigation: The complexity of this high-profile case will see commercial litigators playing a crucial role. These lawyers will handle the procedural aspects of the lawsuit, from pre-trial motions to the collection of evidence and witness preparation. They will present Harley-Davidson’s case in court, aiming to secure a favourable judgement that could include monetary damages and orders for the destruction of infringing goods. Moreover, they will manage the intricate negotiations and mediation efforts that may arise if the parties seek to settle the dispute out of court.

Corporate Law: This case will also impact corporate legal departments, particularly those focusing on brand protection and corporate strategy. Corporate lawyers will advise Harley-Davidson on the broader business implications of the lawsuit, including potential impacts on its brand and market positioning. They will assist in drafting and reviewing internal policies to enhance the protection of intellectual property assets and prevent future infringements. Additionally, they’ll provide strategic advice on managing public relations and maintaining brand integrity throughout the litigation process.