Carlota is the marketing manager of the Hells Angels Motorcycle Club Inc Australian chapter. She is responsible for selling club merchandise including tapes, films, protective helmets, motorcycle components, leather jackets, badges, buckles, playing cards, pens and stationery. The inventory is a legitimate source of income for the motorcycle club.

In order to protect their merchandise they have registered the following trade marks shown below in Picture 1 in the following classes:

Class 25 Articles of clothing, footwear and headwear, including coats, jackets, trousers, overalls, shirts, pullovers, sweaters, hats, vests, waistcoats, cardigans and belts (for wear) including leather belts and jackets, and footwear;

Class 26 Badges and belt buckles not being of precious metal, embroidered and cloth material badges for attachment to clothing and headgear, headbands and armbands not being of leather, lace and embroidery, buttons and patches.

Roobios, a screen printer/designer, produces T-shirts that he sells commercially at markets and on the internet. He creates the T-shirt image displayed in Picture 2 above. It has been one of his most successful items.

Carlota visits the Queen Victoria Markets in Melbourne and sees Roobios's T-shirt at the stall. She buys the T-shirt.

She asks you to explain whether Roobios has infringed the Hells Angels registered trade mark. In your answer use appropriate sections of the Trade Marks Act 1995 (Cth) and cases.

Transcribed Image Text:

Picture 1 - Hells Angels winged helmet trade mark No 1257993 - Picture 2- Roobios' t-shirt Picture 1 - Hells Angels winged helmet trade mark No 1257993 - Picture 2- Roobios' t-shirt

Answer rating: 100% (QA)

Based on the information you have provided and the image you sent it is possible that Roobioss Tshir... View the full answer