Harley-Davidson wants British retailer Next to slam the brakes on T-shirts the American motorcycle maker says violate its trademarked logo.

Next is selling a black long-sleeve T-shirt for children ages 3 to 16 that features what the company itself describes as a “motorbike-inspired chest graphic with flame sleeve prints.”

The Harley-Davidson logo (left) and the Black Fearless Stud Graphic Long Sleeve T-Shirt from Next.

A shield-like center to the chest graphic is stylized further by wings and flames, with text reading “Fearless Heart, Rise and Roar.”

In May, Harley-Davidson sued Next in an intellectual property division of the United Kingdom’s High Court, alleging that the retailer knew the tee’s graphic was akin to Harley’s legally held marks and that it would “call them to mind for many members of the public.”

As such, Harley-Davidson wants the court to declare that Next has violated its trademarks and to compel the retailer to stop selling and destroy the T-shirts.

The court should rule so, Harley-Davidson contends, because the shirts are likely to cause “confusion on the part of the relevant average consumer, namely ordinary members of the public,” who will think the tees are from the motorcycle brand.

Harley-Davidson makes the majority of its money through sales of motorcycles and related parts. Still, its apparel arm is big business too, reportedly generating $244 million last year and $64 million in the company’s most recently reported quarter. Overall, Harley-Davidson’s sales were $4.85 billion in 2023.

Harley-Davidson has been in apparel-related legal disputes before. In 2017, the company sued Urban Outfitters, accusing the fashion company of cutting sleeves and labels off of Harley-Davidson shirts, inserting its own “Urban Renewal” branding, and then selling the retooled tees. The case ended in a settlement.

Cases involving trademarks disputes centered on logos and apparel can be useful to promotional products companies, as the particulars of the allegations and details on how things play out can help industry firms navigate the complexities of intellectual property considerations in developing and providing solutions for clients.

Among other strategies, one tip for avoiding infringement is to engage in a trademark search in the U.S. Patent and Trademark Office’s Trademark Electronic Search System (TESS). By entering prospective marks of interest in TESS, one can identify other potentially similar marks.

A trademark search can also include reviews in common law sources like business directories, web searches and social media platforms, experts say.