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Harley-Davidson demands Next destroys ‘copycat’ logo T-shirts

Harley Davidson
Harley Davidson claimed Next's line of t-shirts may cause 'confusion on the part of the relevant average consumer' - Sara Stathas

Next has been struck by a High Court row over claims it copied Harley-Davidson’s logo with “motorbike-inspired” graphics on children’s t-shirts.

The US motorcycle company has demanded Next destroys a range of long-sleeve T-shirts featuring biker angel wings with flames, which it argued “essentially replicates” its logo.

In court documents, seen by the Financial Times, Harley-Davidson argues that the T-shirts include “graphic material and text which is...commonly seen in the context of a motorcycle-based branding and more specifically the claimants’ branding”.

The T-shirts, which are still on sale at Next for children aged between 3 and 16, are described on the British retailer’s website as using a “motorbike-inspired graphic with flame sleeve prints”.

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Harley-Davidson claimed that the design would “call [Harley’s imagery] to mind for many members of the public” and may cause “confusion on the part of the relevant average consumer”.

Next and Harley-Davidson declined to comment.

It is latest in a series of high-profile lawsuits by Harley-Davidson, which makes around 5pc of its revenues from clothing sales. Last year, the business made revenues of $244m (£192m) from apparel sales, out of a total $4.85bn.

The majority of its revenue still comes from the sale of motorcycles, accessories and parts. However, it has been struggling with a slowdown in demand for higher-end models.

In April, Harley-Davidson revealed a 23pc profit slump for its first quarter as higher borrowing costs hit demand for more expensive models. At the time, chief executive Jochen Zeitz said: “We’re really just entering the riding season ... and a lot depends on the second quarter, which is why we have not changed our guidance at this point in time.”

It has said revenues will either be flat or drop 9pc in its motorcycle business this year.

The legal row with Next follows a high-profile tussle with Urban Outfitters in 2017. Harley-Davidson took Urban Outfitters to court over claims it was selling “mutilated” versions of the US motorbike maker’s shirts.

In the case, it had accused Urban Outfitters of cutting sleeves and labels off Harley Davidson shirts and replacing them with its own “Urban Renewal” branding. Urban Outfitters had responded to say it had been investigating the claim and that the garments were “made of actual vintage clothing”.

The pair reached a settlement in the case, in which Urban Outfitters agreed to stop selling all Harley-branded merchandise.