Decision

H-D U.S.A., LLC v. Varzari, 2021 FC 620

Justice McHaffie - 2021-06-17

Read full decision. Automatically generated summary:

The applicants, who I will refer to together as “Harley-Davidson,” bring this application to enforce their trademarks against Eli Varzari, who has offered for sale custom-built electric bicycles called the “Harley Davidson Willie G Edition” that incorporate Harley-Davidson motorcycle parts and bear Harley-Davidson’s “Bar and Shield” logo. Mr. Varzari did not respond to written demands from Harley-Davidson, although the name of the electric bicycles was changed to “The ‘H’ Edition.” Mr. Varzari has not responded to this application, which therefore proceeded unopposed. ... In these circumstances, although the parts may be genuine Harley-Davidson parts, they are not simply being resold as parts but amount to applying the trademark to a new good, namely the bicycle. Their use in this fashion is not protected by the principle that resale of trademarked goods is not contrary to the Trademarks Act. An injunction will therefore issue enjoining Mr. Varzari from selling or advertising the “Harley Davidson Willie G Edition” or “The ‘H’ Edition” electric bicycle, and requiring delivery up, disassembly, or destruction of any copies thereof and any marketing material. Damages of $13,000 are awarded to the applicants jointly to compensate for the damage to Harley-Davidson’s trademarks, together with costs in the further amount of $23,000.

Decision relates to:

  • T-1320-20 - H-D U.S.A., LLC ET AL v. ELI VAZARI

 

Canadian Intellectual Property