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NEWS > BUSINESS > HELLS ANGELS SUE TO ENFORCE COPYRIGHTS ON FASHION LINE
HELLS ANGELS SUE TO ENFORCE COPYRIGHTS ON FASHION LINE
August 28 2011
Los Angeles, CA – Rightly or wrongly, there is no more feared motorcycle group than the Hells Angels. For many people the very name evokes a sense of panic and fear, an almost primal reaction. The Angels are, at their core, the rebels we could never be, never will be, and the ones which inevitably will hurt us if we run afoul of them.
In truth, the group does deserve some of their reputation. They are undoubtedly a criminal organization, involved in drug trafficking, prostitution, and violence but their numbers aren’t great, maybe 2500 worldwide, meaning that their actual influence is limited. However, their reputation precedes them, which makes them a formidable presence on the streets and in the courtroom.
The latter is exactly what the group is depending upon as they head into a legal battle with a T-shirt manufacturer in Los Angeles, suing them over the illegal use of their trademarks and copyrights. This is not the first such action and likely won’t be the last as the ruthless bike gang keeps a stranglehold on their own particular corner of the fashion industry.
“From decades of notoriety, the HAMC (Hells Angels Motorcycle Club) marks have acquired very widespread public recognition, consequently they evoke strong and immediate reactions whenever used. The impact of these marks is virtually 
incomparable, and as a result they have great commercial value,” read the complaint in part. The organization has also sued major fashion players such as Saks Fifth Avenue and Alexander McQueen and won.
“Copyright enforcement is a complicated issue. It requires that the complainant prove demonstrable harm to their brand and earnings to actually get any traction. They also need to prove that the infringement is profiting from use of their copyrights, and proving both those things can be a challenge,” said Scrape TV Legal analyst Gabe Hawthorne. “In the past, the Angels have been successful in meeting that challenge which shows the power of their brand as well as the effectiveness of their legal team, things which can be very important in the fashion industry.”
In the past the group has claimed that people wearing replica clothing may be mistaken for actual members of the organization, which could dilute their brand.
“The best news about this is that they are going through legal channels. It could get very messy if they went through their traditional methods. Of course, that would also put them on the outs in the fashion industry which is full of backbiting but not a whole lot of gunplay,” continued Hawthorne. “If I had to guess, they will come out victorious in this and that’s a good thing. It proves the power of the law and that it can protect even those who operate outside it.”
The lawyer for the organization has traditionally arrived to court on a bike, though he is not officially a member of the group.
“This case could prove beneficial to all copyright and trademark issues. It may not make them all that popular throughout the fashion industry, but that’s at least in keeping with their persona. You wouldn’t want them getting too complacent after all.”
The T-shirts have not been taken down from sale since the complaint was issued, prompting members of the group to write a series of nasty emails.
William Ashford, Business Correspondent
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