Background story: Following a 2008 raid and indictment of 79 Mongols, a judge issued a preliminary injunction that ordered members to forfeit all clothing and motorcycles that bear the organization’s logo. Members were barred from selling, distributing or wearing any of the insignia. The indictment claimed that the Mongols were tied to the 2005 shooting of a firefighter at a “Toys for Tots” Christmas charity drive. For three years, the club challenged the restraining order stating through its attorney that the government can’t seize the club’s logo. It was the first time the government had gone after a group’s trademarked logo.
Attorney for the Mongols George Steele successfully argued that ” The Group is a motorcycle club. It’s a fraternal organization of men. They may be bigger, tougher and prone to have disputes, the same as likeminded clubs. They’re still an organization.” He said that “the motion raised concerns over trademark laws and the government exerting power trying to seize intellectual property” A federal judge in Los Angeles this week struck down the government’s request to seize control of the Mongols Motorcycle Club’s trademarked seal and patch. U.S. District Judge Otis D. Wright III said the government could not seize the trademark, because it legally belongs to the club, which had not been charged as a whole.
A very delicate subject.
We mustn’t let the gov’t usurp to much power over any collective based on the actions of individuals within that group.
Weather one would reguard these biker gang types as trash is a matter of opinion, but either way, civil liberties are civil liberties. thats what makes this country great, for god or bad.
Too bad so much money had to be wasted on lawyers just to get up to this point. Glad they finally realized the law is the law, whether you like the person/people involved or not. If you don’t like it-change the laws. If it was deemed to have commercial value and there was a monetary judgement involved it might make some sense to go after a club’s name the way they are still selling and re-selling Indian, Fisher, Bell, whatever, but that doesn’t seem to be the case here.
I am glad that it went this way. This is a victory for liberty and for all U.S. citizen regardless of which side of the debate you stadn on over motorcycle clubs. If this had been allowed to stand…groups like The Moose, the American Legion etc. would have been next. God bless the U.S.!
IT IS OFFICIAL: Our Prosecuting Branch of the Federal Government and Our Lawmakers are Jagoff’s! For, I will tell you “they continue Fucking wasting time and our Do$$ars on Debating our Amendment and our Rights as Citizens of this great Country. If the A$$HOLES want to remove a Club or a Group of Scum and Haters: How about starting with one that is deserving and has done more damage to millions, Let’s start with the Neo Nazzi’s or Hitlertarians or whatever they call themselves. They are easy to recognize in or out of their “Colors”.
izadore, wouldn’t that be yet ANOTHER “they continue Fucking wasting time and our Do$$ars on Debating our Amendment and our Rights as Citizens of this great Country” to use your words? Or is it NOT a waste of time and dollars if you get to pick the target? Wrong is wrong IMHO, and free speach is just that. I have no use for Nazis, but I believe in equal treatment for clowns unless the laws get changed through due process.
RE:
“…This is a victory for liberty and for all U.S. citizen…”
Say what…???
Thought this was a RICO bust….???
(where IRS or other Feds can take tangle assets)
“… The Mongols members have had long-running confrontations with law enforcement in such areas as drug dealing (especially methamphetamine), money laundering, robbery, extortion, firearms violations, murder and assault, among other crimes…”
http://en.wikipedia.org/wiki/Mongols_%28motorcycle_club%29
“…In the United States (US), the Racketeer Influenced and Corrupt Organizations (RICO) Act is a federal law enacted to give extended penalties in the prosecution of organized criminal acts. The RICO Act is codified as Chapter 96 of Title 18 of the US Code, which deals with federal crimes and criminal procedure. Although it was intended to be used for the Mafia and others engaged in organized crime, RICO has been used to prosecute all sorts of criminal activity since its inception…”
“…Under the RICO Act, a person can be charged with racketeering — which includes bribery, extortion, illegal drug sales, loan sharking, murder and prostitution — if he or she has committed two of the 27 federal and eight state crimes under US legislation within a 10-year period. The law gives the government the power to criminally prosecute and imprison a Mafia leader — interchangeably referred to as the Boss, the Don, or the Godfather — even if he or she has never personally committed any of the components of racketeering. This is because he is part of a criminal enterprise…”
If ya play, ya pay.
-nicker-
Bikers are like everyone else , we do tend to be a little closer knit because a lot of people would just as soon run us over as to let us have ther small porton of the road our bikes need. Most of us “Old School Bikers” will not hesitate to pull over to help someone that is broke down or has a flat, The Yuppie types that started riding when Liz Taylor and Malcom Forbs and “it the thing to do” could care less about anything other then profileing by while another brother or sister of the road is stuck.
Patch holders work hard for the right to weare thier “colors” and for anyone to tell anoy one they don’t have the right to wear something they love is just plain wrong….Sorta like what all Americans will be going through if Obama don’t get impeached soon !!!
Gerald Mann. What Obama has to do with this? Impeached for what? You are a retard and Obama is going to be elected again. Easily.
Gerald Mann is the last remaining Birther. LOL!
I wonder how many tens of thousands of dollars the Mongols had to pay in legal fees to get their property back? Has nothing to do about democrats and republicans- more about lawyers ( which MOST politicians are). And it has nothing to do with one club in particular as ALL clubs and many bikers have been paying lawyers to fight imprisonment and forfeiture of goods that the average citizen has no problem with.
“You are a retard and Obama is going to be elected again. Easily.”
Is that what ya think Patrick? Seems like ya just flew over the cuckoo’s nest!
We’ve all had it with that half breed… one more year before he’s gone.
Big deal. Your comment “half breed” demonstrates that you are prejudiced. There are laws against saying this and they were not made by the socialists. You just printed something that could cost you.
There is a BLACK MAN that was on the news and is running for the prez office stated on TV that what AMERICA need in the WHITE HOUSE was a REAL BLACK MAN not what we have now wonder if he will will be sued over saying that on national TV? just a thought
Bean’re hit it dead-on. peace
Trent – cite the law. I know in your socialist-democratic world, you have a fantasy that speech among the proletariat is regulated, but in reality you still have that pesky 1st Amendment thing that always pops your little marxist-leninist fantasy ballon.
Take cheer though – you do have a lot of Comrades pushing every day to control all forms of speech.
Now – for the question that makes you go hmmmm, why is is that liberal whacko’s never ever protest the news delivered by CBS, ABC, NBC, or CNN? Its only FOX that gets the treatment.
Answer: you and your type are well represented at these ratings challenged “news” outlets.
RE:
“…There are laws against saying this…”
Not yet Buck-o, Not yet.
-nicker-
When Trent says there are laws against saying this it reminds me why we need the second amendment. It also reminds me why they are the first and second ammendments.