Next sued by Harley Davidson over kids t-shirt design

Leicestershire retail giant Next is being sued by iconic motorbike manufacturer Harley-Davidson over claims that one of its t-shirt copies its logo.

Harley Davidson says the Next t-shirt’s biker angel wings and flames symbols, which are accompanied by the motif “Rise and Roar”, has infringed its trademark.

The “Black Fearless Stud Graphic Long Sleeve T-Shirt” is aimed at children from 3-16 years of age and is available to buy online at Next’s website.

According to The Financial Times, Harley-Davidson claims that Next’s t-shirt “essentially replicates” the outline of its logo and the “graphic material and text… is commonly seen in the context of a motorcycle-based branding and more specifically the claimants’ branding”.

“Black and flame and wing motifs are often used in combination with [Harley’s] branding and the trade marks,” said Harley Davidson, and that the design used by the fashion retailer would “call [Harley’s imagery] to mind for many members of the public”.

Harley is asking the court for an order for the retailer to destroy “all infringing materials”.

Dr Beatriz San Martin, partner at Arnold & Porter, said: “In the vast majority of cases, this type of brand dispute – which is very common between brand owners and retailers – is resolved without having to seek recourse from the courts.

“Given that Next has design freedom to change the logos used in its clothing range and the t-shirt being complained about by Harley-Davidson is unlikely to have resulted in significant sales, I am surprised that this claim has been issued and that the parties were not able to come to an agreement out of court.”