Harley-Davidson (H-D) has sued online custom clothes maker SunFrog for allowing users to create products that infringe its trademark.
The complaint was filed in the US District Court for the Eastern District of Wisconsin Milwaukee Division on Friday, May 19.
It alleged that SunFrog, which allows users to create custom apparel which is then sold on its website, “has advertised, promoted, and sold hundreds, if not thousands, of products bearing H-D’s IP”.
It added that “anonymity provided by SunFrog to its sellers is a direct avenue for sellers to offer numerous infringing products with near impunity”.
H-D said that SunFrog “has acknowledged the validity and infringement of H-D’s IP by responding to H-D’s objections with the statement that ‘the design has been deactivated and should no longer be found on the SunFrog platform’”.
However, “SunFrog typically took two-three days and as long as seven days to deactivate the objected-to infringing product” and its “infringement report process and remedy are wholly inadequate to stop continuing and expanding violations of H-D’s IP”.
The company is seeking a preliminary injunction, an order to destroy infringing products, damages, attorneys’ fees and a jury trial.
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