Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 815

Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Limited [2019] FCA 815

Because the applicant succeeded only on particular trade mark infringements and failed on its copyright claims, the Court made declarations confined to the applicant's authorised-user standing and the identified trade mark infringements, and granted injunctions restraining Redbubble from using the particular infringing examples as trade marks in Australia. The Court refused to qualify the restraints by Redbubble's moderation protocols and declined to grant a broader injunction framed in statutory language because such an order would not avoid future controversies about whether particular conduct infringed.

Jurisdiction
Australia
Judgment Date
30 May 2019
Procedural Posture
Copyright and Trade Marks Proceeding in the Federal Court of Australia / Consideration of Orders and Relief Following Primary Judgment
Outcome
Declarations of authorised-user status and trade mark infringement were made; conduct-specific injunctions were granted against Redbubble; costs were reserved.
Legal Topics
['trade Mark Infringement' 'authorised User Under the Trade Marks Act 1995 (cth)' 'declarations' 'injunctions' 'online Marketplace Moderation Protocols' 'costs Reserved']
['intellectual Property' 'trade Marks' 'copyright'] ['trade Mark Infringement' 'authorised User Under the Trade Marks Act 1995 (cth)' 'declarations' 'injunctions' 'online Marketplace Moderation Protocols' 'costs Reserved']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Copyright and Trade Marks Proceeding in the Federal Court of Australia / Consideration of Orders and Relief Following Primary Judgment

Legal Issues

  1. 1 ['Whether declarations should be made following the primary judgment, including a declaration that the applicant was an authorised user of the registered trade marks in suit.' 'Whether declarations concerning the unsuccessful copyright claims should be made.' 'Whether Redbubble should be restrained from using the particular infringing examples as trade marks in Australia.' 'Whether any injunction should be qualified by Redbubble having proactively moderated the Redbubble website in accordance with its Hells Angels Guidelines.' 'Whether a broader injunction in the statutory language of the Trade Marks Act 1995 (Cth) should be granted.']

Ratio Decidendi

Because the applicant succeeded only on particular trade mark infringements and failed on its copyright claims, the Court made declarations confined to the applicant's authorised-user standing and the identified trade mark infringements, and granted injunctions restraining Redbubble from using the particular infringing examples as trade marks in Australia. The Court refused to qualify the restraints by Redbubble's moderation protocols and declined to grant a broader injunction framed in statutory language because such an order would not avoid future controversies about whether particular conduct infringed.

Court Disposition

Declarations of authorised-user status and trade mark infringement were made; conduct-specific injunctions were granted against Redbubble; costs were reserved.

Orders

  • ['Hells Angels Motorcycle Corporation (Australia) Pty Limited is an authorised user for the purposes of the Trade Marks Act 1995 (Cth), in Australia, of the registered trade marks in suit of Hells Angels Motorcycle Corporation being registered trade marks 723219, 1257992, 723463 and 1257993.' 'Redbubble Limited, by...