Motorcycle manufacturer Harley-Davidson has successfully obtained a permanent injunction against a group of counterfeiters allegedly running internet stores to sell counterfeit goods to consumers in the United States. The final judgment order against the group was delivered in the US District Court for the Northern District of Illinois Eastern Division. It also demonstrates that Harley-Davidson be awarded $1 million statutory damages from each of the defaulting defendants for wilful use of counterfeit Harley-Davidson trademarks and selling to unkonwing consumers.
In the initial claim, filed in April, the US motorbike manufacturer claimed the “injuries and damages” sustained by it have been “directly and proximately caused by defendants’ wrongful reproduction, use, advertisement, promotion and sale of counterfeit Harley-Davidson products”. The defendants sold motorcycle parts, apparel, jewellery and other goods using counterfeit versions of Harley-Davidson’s federally registered trademarks. The unauthorised use of the trademarks of Harley-Davidson's is likely to lead the confusion, mistake and deception by and among consumers, and is irreparably damaging Harley-Davidson,” the complaint added.
According to the Court, Harley-Davidson is finally obtained injunctive relief, $ 1 million for each and every use of the Harley-Davidson trademarks as well as court costs and attorneys’ fees.