According to the Daily Mail, the Hells Angels have filed a trademark infringementsuit against Dillard’s and 8732 Apparel, accusing each of copying its logo.
The Hells Angels, an international motorcycle club, owns four U.S. trademark registrations for its Death Head logo, a winged skull, which is used to signify membership. In its suit, the Angels’ allege that the 8732 clothing line, which belongs to rapper Young Jeezy, and Dillard’s stores are looking to exploit the commercial value of its logo by making and selling hats, shirts and vests that are “confusingly similar” to the Hells Angels symbol.
“As one of the retailers they are subject to the same prosecution that the manufacturer is for an infringement,” Fritz Clapp, the Hells Angels’ attorney, told ABC News 10 in Sacramento, referring to Dillard’s.
The Hells Angels claim to have used the design mark of the Death Head consistently, which would further bolster its allegations of trademark infringement. However, the Death Head logo means a lot more to the Angels than just a trademark. It is a symbol that a biker has earned the right to be a full member of the club.
“Guys live and die for that patch,” Clapp said. “It’s not just a piece of clothing.”
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Quick Klein Extra: Trademark infringement claims generally involve likelihood of confusion, counterfeit marks and/or dilution of marks.
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