Redbubble argued that it had undertaken moderation, removing certain items that had been emblazoned with the skull name and symbol.
But Federal Court Judge Anthony Greenwood said that while Redbubble had taken “a number of steps” to prevent infringement, it clearly didn’t work.
“The fact is that its business model allows driving,” he said in his judgment.
“Redbubble seeks to address the conduct within the confines of its business model, but its business model drives the conduct subject to this proceeding.”
Greenwood acknowledged that Redbubble derived “very little financial benefit” from the breaches.
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In fact, the only recorded sales for the items in question were to members of the Hells Angels seeking copyright infringement.
But nonetheless, Greenwood concluded that it was reasonable to award damages based on trademark infringement.
Redbubble was ordered to pay $78,250 and costs.
