Update: Clapp contacted us via email to clarify the settlement, saying, "WWD overstated the point...defendants stopped selling, are recalling and accounting, but not have not yet agreed to destruction of all items."
We later spoke to him on the phone. He told us, "Of course [destruction of the items is] on the table. It was part of our initial demand of the complaint. We just haven't gotten seriously into the negotiations yet, and even if we had, we wouldn't have made them public. The case is going to settle but details like [destroying the garments] would be overreaching." Clapp added, "We might treat the rings and the bag differently than the dress and the scarf," and that they hoped to reach a decision within a couple weeks.
Previously: Hells Angels and McQueen have settled their lawsuit, WWD reports. The motorcycle gang was suing the fashion house for using its trademarked winged death's head symbol in some of its designs.
Saks Fifth Avenue and Zappos.com were also involved in the case, since the stores sold the McQueen merchandise in question -- a $495 Hell's Knuckle Duster ring, a $2,329 clutch, a $1,595 dress and a $560 silk scarf.
According to WWD, Hell Angels' attorney Fritz Clapp explained:
The companies also agreed on Tuesday to recall merchandise that has already been sold and destroy it. While the Hells Angels also requested financial damages based on profits earned by the fashion companies on the merchandise, Clapp said there is currently no estimate on the exact number of items that were sold.
Clapp said the Hells Angels believe their symbols to be, "quite exclusive. They consider themselves members, not someone who bought a $495 ring."