Online retailer Redbubble has been ordered to pay $ 78,000 in damages to the Hells Angels for selling items with the motorcycle gang logo outlawed. The court ruling was the second against Redbubble in three years, after she was penalized with $ 5,000 for selling items marked with the Hells Angels. symbol in 2019.
Redbubble argued that he had carried out a moderation, removing some articles that had been stamped with the name and symbol of the death’s head.
Items found to make unauthorized use of the Hells Angels patch for online sale have been found. (new)
But Federal Court Judge Anthony Greenwood said that while Redbubble had taken “some steps” to prevent the offense, it clearly had not worked.
“The fact is that their business model enables conduct,” he said in his judgment.
“Redbubble intends to address conduct within the confines of its business model, but its business model provokes conduct subject to this procedure.”
Greenwood admitted that Redbubble had made “very little financial benefit” from the infringements.
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In fact, the only recorded sales of the items in question were to Hells Angels members seeking copyright infringement.
However, Greenwood considered it reasonable to award damages on the basis of the trademark infringement.
Redbubble was ordered to pay $ 78,250 and costs.