Government Misusing Trademark Law To Stop Biker Gang
from the abuse-of-trademark dept
We've seen all sorts of abuses of trademark law over the years, but this one may be the most bizarre (by far). Slashdot points us to a government crackdown on a California-based motorcycle gang called the Mongols. Sixty members in seven states were arrested for a variety of crimes including murder, robbery, racketeering, extortion, money laundering, gun trafficking and drug dealing. Basically, it's a takedown on organized crime.However, what's really odd is that the government is also asking the court to hand over the Mongol's trademarks. Apparently, the group trademarked the name and insignia. If the court grants the request, police say they'd be able to automatically stop anyone they see wearing a Mongol patch and simply take the jacket away from them on the spot. While I'm sure the police would love that authority, this is clearly not what trademark law was intended to do, and would be a pretty big stretch for how trademark law could be used. It would set a dangerous precedent as well in simply handing over trademarks to the government. While I have no doubt that this motorcycle gang was likely involved in plenty of illegal and dangerous activities, that doesn't mean it's okay to abuse trademark law in dealing with them.
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Filed Under: abuse, biker gang, mongols, trademark
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worst point
I have no problem with forfeiture of the trademark, putting it back into public domain, or even allowing the government to take ownership of the trademark, but its silly to extend the claim to any material that already contains the mark.
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Re: worst point
They own the swoosh trademark. So, am I about to see a ton of hatless, shoeless, topless, otherless people on the sidewalks??
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Re: worst point
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Re: worst point
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Re: worst point
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Trademark rights are prophylactic in nature. By that, I mean that if you own a federally registered trademark, you can stop others from using a confusingly similar mark on like goods or services.
However, not having a registered trademark does not equate to not being allowed to use the mark.
Further, as far as I know, the Lanham Act (from which federal trademark rights flow) does not criminalize the use of a trademark even when that use infringes the rights of another.
In short, this is simple BS. Not worth getting worked up over.
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It will just get worse
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Re: It will just get worse
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Re: Re: Re: It will just get worse
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Re: It will just get worse
I'm sorry you don't believe that people who look at "the other party" can possibly be intelligent, thoughtful or insightful.
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Re: It will just get worse
Democracy is a political system. It has to do with who participates in making decisions and laws. Socialism is an economic system. It has to do with who owns the wealth and who gets to eat. You can have a democratic and socialist society.
Oh, and by the way, we aren't a democracy or a damnocracy. We are a republic.
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oh em gee
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Re: oh em gee
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Government Misusing Trademark Law . . .
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The govt (police or whoever) arent using this as a way to take jackets away or even pull people over.
Its to prevent an organized crime group from ever legally using an emblem, etc again that has been associated with some pretty heinous crimes.
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Re:
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Re:
This is just a ridiculous thing for the government to do. It is a knee-jerk, feels-good, plays-well, sound-bite move without proper thought and reflection on the basic principles involved.
I will not make a correlation of this to, say, a series of McCain campaign moves.
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Re:
Get the folks that committed and aided those committing the crimes. Don't create new and exciting ways to get into someone else's business and hassle them.
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counterpoint?
/just a stretch
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slippery slope
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overreaching
Interestingly, I believe the Hell's Angels own a number of registered trademarks and derive some real income from their commercial exploitation.
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Even if both state and federal registrations are cancelled, there is no basis in law known to me that would authorize any governmental authority, federal or state, to seize any "object" bearing the name/logo. The name/logo should be available for continued use, albeit they would be denied enforcement in a court of law against third party uses. To suggest otherwise would, I believe, raise substantial questions under the First Amendment to the US Constitution.
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you are all missing the real issue here
why does a biker gang need a registered trademark?
are there issues with other gangs that can't be settled with chains and bats and boards with nails driven through them?
WTF?
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Re: you are all missing the real issue here
Why does a group of snot-nosed kids messing around with wires and stuff in a garage need a trademark?
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Re: you are all missing the real issue here
Most biker clubs are also incorporated.
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Re: you are all missing the real issue here
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PAYBACK ... the cops of today were the targets of bullys in school
"... police say they'd be able to automatically stop anyone they see wearing a Mongol patch and simply take the jacket away from them on the spot. While I'm sure the police would love that authority, this is clearly not what trademark law was intended to do ... END QUOTE
Interesting article - and thread. If the statement in the article (above) was actually made and not just inferred, it becomes a very scary issue. And that puts the conversation where it should be, the idea that this issue and the concept that the "police are the biggest gang in town ..." are in fact parallel discussions.
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The U S Constitution
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Re: The U S Constitution
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Too Late, The Government's Doing It Already
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um, ok. he should read the article wheree U.S. Attorney Thomas O'Brien says The indictment seeks a court order outlawing further use of the name, which would allow any police officer "who sees a Mongol wearing this patch ... to stop that gang member and literally take the jacket right off his back"
taylor says "i would like to know what they will do when they tattoo the trademark onto their bodies. peel their skin off?"....which is, of course, what the gangs do when thye feel you no longer have the right to wear that tattoo!
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I'm just waiting to see the ...
I'm just waiting to see the first time the attempt to take the colors off of one of those 1%er's. That poor hump of a cop that attempts that will get a nice funeral I'm sure.
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Idiot posters:I have to ...
Idiot posters:
I have to say that Techdirt seems to attract the dim bulbs of the world: college kids, mamma's boys, serial killers, and me. Sad.
Using the Mongrals' trademark to keep them from wearing their jackets is brilliant, and legally sound. Trdemarks are not referenced in the constitution in any way.
Your blog's position that it is an abuse of the trademark laws is misguided because you seem to place trademark law ahead of public safety. Yowza. That's Perhaps the most obtuse thought ever uttered on this website--which is saying a lot.
Hey poster Matthew: scores of Mongrals were arrested just yesterday. No Mongral did a thing to any cop. It already occurred.
But there was a funeral, dummy. It was for the biker gang.
Read the news, or get back to class. Just stop posting.
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Re: Idiot posters:I have to ...
It's neither brilliant nor legally sound. It's incredibly legally questionable.
Your blog's position that it is an abuse of the trademark laws is misguided because you seem to place trademark law ahead of public safety
No. That's simply untrue. However, we believe that laws should be used correctly. If public safety is the issue, use laws intended for public safety.
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You seem quite uneducated ...
You seem quite uneducated buddy.
Trademarks are to prevent consumer confusion. So this blog is spot on for saying that this is NOT what trademarks are for.
You are thinking of copyright.
And this is no way is promoting public safety by taking off their jackets. If you think removing a jacket from one of the gang memebers is going to mystically make them a nice person, then you have more screws loose than the government does on this one.
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Dan: Why did you delete my post? BC I disagreed w you?
Just because someone disagrees with you doesn't mean you have to delete their post. Real newspapers don't do that. Real journalists with thicker skins than you don't do that.
C'mon Dan. That's mightly soft of you to delete a post that disagreed with your junior high knowledge of law.
You're bigger than that, Dan.
Aren't you?
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Re: Dan: Why did you delete my post? BC I disagreed w you?
Who's Dan?
Just because someone disagrees with you doesn't mean you have to delete their post. Real newspapers don't do that. Real journalists with thicker skins than you don't do that.
Did you notice that ALL of the comments disappeared? Ah, maybe not.
Here's the explanation: http://www.techdirt.com/articles/20081023/1124452627.shtml
Funny that you first call us idiots for overreacting, and then it turns out that you're the one who overreacted.
We rescued your comment though, so maybe an apology is in order? Or is that too difficult?
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Talk about publicity!
:)
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An apology
I call you dan because I like the name Dan better than Mike.
The government is using the trademark violation to discourage a criminal organization from advertising itself--a move that occurs regularly in this world to encourage public safety.
Tofu: It is NOT a question of what the trademark is defined to do. It is a question of possession of the trademark (who owns it) and the government's ENFORCEMENT of its OWNERSHIP of said trademark as a way to remove the Mongrols name from the streets. Simple as that.
It is a brilliant strategic move. As usual, this blog focuses very narrowly on the issue rather than the application of said issue. My guess is because Dan and others are too young to see how the world really works. JMHO.
Think of it this way, guys. The government owns the trademark, and is enforcing its ownership of the trademark by removing non owners from using it in ANY way.
Completely legal. Something that could not be reversed.
Watch and learn, boys.
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Re: An apology
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Rene: What will be and what you wish are 2 different things
Honey. I am going to write slowly you you can follow along. The government is going to successfully obtain the Mongols' trademark.
When it does, it is going to ENFORCE its ownership of the trademark against the Mongols, preventing them from wearing their stupid jackets. It WILL occur, whether you want it to or not.
Why don't you go back to blowing fat bikers, and leave the intellectual heavy lifting to people who went to college, and preferably, aren't named Rene.
Thanks, Sweetie:
Now back to work at Pepe's Tacos.
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Trademark
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Heavy handness
___________
Peatul
for sale by owner
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__________
pratul
for sale by owner
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Biker Gang love Charlton
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