TORONTO, Ont. – Harley-Davidson Screamin’ Eagle merchandise does not infringe the trademark of a Canadian clothing store chain, a Canadian court has ruled.
The court on March 4 found that Jamal Berrada, president of 3222381 Canada Inc. and El Baraka Inc., which operates Screaming Eagles clothing stores in the country, failed to establish that Harley-Davidson's sale of Screamin’ Eagle clothing caused confusion for consumers or depreciated his stores' goodwill.
“This court finds that Harley-Davidson is entitled to distribute, advertise, offer for sale, and sell collateral items, including clothing, in connection with its trademark Screamin’ Eagle, in association with its registered trademark Harley Davidson, throughout Canada, but exclusively at Harley-Davidson dealerships, as this will not infringe any valid rights of defendants,” the court ruled.
The Federal Court rejected Berrada's arguments that the association made by customers of his Screaming Eagles stores with Harley-Davidson's Screamin’ Eagles trademark damaged his businesses' goodwill, according to Bloomberg News.
Berrada had sought declarations confirming his exclusive use of Screaming Eagle and similar trademarks, and that Harley-Davidson had infringed those exclusive rights and depreciated the trademark's goodwil; an injunction against Harley-Davidson's further use of the trademark and sale of clothing and accessories carrying it; and delivery for destruction of infringing goods and advertising materials.
Posted by Holly Wagner