Hells Angels Motorcycle Corporation (Australia) Pty Limited v Redbubble Ltd (No 5)

In the Federal Court, Hells Angels Motorcycle Corporation (Australia) Pty Limited brought a case against Redbubble Ltd over alleged infringements of trade marks owned by Hells Angels Motor Cycle Corporation. The applicant sought declarations, injunctions, and damages arising from 11 instances of alleged infringement of registered trade marks. The case required the court to determine whether each instance constituted an act of infringement, the terms of any declarations and injunctions, the basis for any claimed loss or injury, and whether an additional amount should be awarded under the Trade Marks Act 1995.

The court examined each instance of alleged infringement to determine if they constituted an act of infringement under the Act. The court found that Redbubble's use of the "Hells Angels" sign in the specified examples amounted to an infringement of the registered trade marks. The court considered the functionality and operation of Redbubble's digital platform and the steps taken to mitigate potential infringements. The court concluded that Redbubble's platform allowed for the uploading of images substantially identical to or deceptively similar to the trade marks, leading to infringement. The court also considered the basis for any claimed loss or injury and the award of damages under the Act, including the additional considerations outlined in s 126(2)(a) to (e) of the Act.

The court issued orders restraining Redbubble from using the contested signs on its website for the specified goods. The court also ordered Redbubble to pay damages of $78,250 and the applicant's costs. The court's decision provides clarity on the extent of Redbubble's obligations under the Act and the consequences of infringing on the trade marks owned by Hells Angels Motorcycle Corporation. The court's decision also highlights the importance of taking steps to mitigate potential infringements on digital platforms.