Harley-Davidson Sues Next Over Alleged Design Rip-Off

In a fresh legal tussle, Harley-Davidson has initiated a lawsuit against British retail giant Next, alleging trademark infringement related to a “motorbike-inspired” children’s t-shirt.

Last Updated on June 3, 2024 by RETAILBOSS
Harley-Davidson Sues Next Over Alleged Design Rip-Off
Last Updated on June 3, 2024 by RETAILBOSS

In a fresh legal tussle, Harley-Davidson has initiated a lawsuit against British retail giant Next, alleging trademark infringement related to a “motorbike-inspired” children's t-shirt. The legal action has been filed in London's High Court, centering around claims that Next's t-shirt design, which features biker-style angel wings and flame motifs, coupled with the text “Rise and Roar,” resembles Harley-Davidson's iconic branding.

The design, marketed as the “Black Fearless Stud Graphic Long Sleeve T-Shirt” and priced between £6 and £8.50, has sizes from 3 to 16 years. Harley-Davidson contends that the emblem’s outline and accompanying graphic elements “essentially replicate” the motorcycle manufacturer’s logo.

The company asserts that these motifs—wings, flames, and bold lettering—are deeply rooted in the Harley-Davidson brand identity. Harley-Davidson's legal filing includes detailed comparisons between its logos and the disputed Next T-shirt, highlighting similarities it claims are too significant to ignore.

The motorcycle maker's legal team argues that Next's design could likely confuse many public members, leading them to associate the T-shirt with Harley-Davidson's well-known imagery. The potential confusion among consumers is a primary concern for Harley-Davidson, which has expanded its brand into clothing, generating $64 million in sales last quarter alone.

Harley-Davidson seeks a court decision affirming that Next violated its trademark rights. Notably, the motorcycle maker is also pressing for an injunction that would compel Next to remove and destroy all infringing merchandise. Harley-Davidson stance highlights that its logo and branding are well-established and closely guarded assets, including a vigorous global trademark registration and enforcement program.

The Next dispute follows a history of trademark defenses by Harley-Davidson. The company previously sued Honda in the late 1990s over the distinctive engine sound of Honda's Shadow ACE, although that case was quietly dropped. More recently, in June 2023, Harley-Davidson was involved in a class-action lawsuit over warranty terms alleged to violate the Magnuson-Moss Warranty Act and the FTC Act.