THE Hells Angels bikie club is in the Federal Court today fighting for the right to continue to sue a hipster T-shirt retailer over wares it sells online.
The Browns Plains-based Hells Angels Motorcycle Corporation (Australia) — declared a criminal organisation by the Queensland Government in 2013 – has sued claiming their feelings have been hurt, and they are “distressed” by their fearsome bikie logo appearing on T-shirts.
The T-shirts were sold by Melbourne company Redbubble Limited, which plans to raise $30 million by floating on the Australian Securities Exchange on May 17.
The club’s corporate entity, which is wholly owned by unemployed Brisbane president Mark Nelms, is represented in court this morning before Justice Andrew Greenwood.
The US arm of the club, which holds the worldwide trademark rights to the flying skull logo, is also a party in the lawsuit.
One of the logos in question.
The gang sued Redbubble last year for selling T-shirts online emblazoned with their trademarked “death head” logo, or the phrase “Hells Angels”.
Redbubble has asked Justice Greenwood to order the bikie gang pay “security for costs” in case the lawsuit fails.
Redbubble’s barrister has told the court that the club’s financial position was dire, according to its tax returns.
“There is no evidence as to the asset base of the membership of the (Hells Angels) club…(yet) they are a beneficiary in the action… (and) there’s no evidence as to the asset position of the US entity,” he said.
He said Mr Nelms had asked both the members of the 14 Australian Hells Angels clubs, and the US trademark arm of the club if they would “help” finance the suit and they had declined.
He argued the court should not “condone” claims brought by penniless companies “with complete impunity”, especially when the Hells Angels US arm doesn’t own property, earn income or have any paid up capital.
The Hells Angels barrister told the court that this was not the only legal claim against Redbubble, with the company sued by US company The Pokemon Company International, Inc on April 14 in Victoria for breaching trademarks.
The case is continuing before Justice Greenwood in Brisbane today.
