The Mongols Motorcycle Club Banned From Using Their Own Trademark
In October 2008, federal agents arrested over 60 members of the California based Mongols Motorcycle Club. The three-year undercover operation was code named “Operation Black Rain .” In addition to the normal criminal charges, the indictment also sought to control the gang’s “very identity": their own registered trademark.
The Mongols, investigators learned, operated more like a legitimate corporation rather than a typical gang of outlaws. Most notably is their ownership in intellectual property. "Mongols" is a registered trademark (Reg. No. 2,916,965) listed as being used with “services, namely, promoting the interests of persons interested in the recreation of riding motorcycles. The bikers have also registered as a trademark their logo, seen above.
These marks could be classified as "collective marks", that is, a trademark used to identify membership in an association. As an intellectual property attorney, I am appalled to find out that a registrant could be banned from using their own trademarks for the purposes they have claimed. Sure, they may be involved in criminal activity, but if they are, in fact, a group of people interested in riding motorcycles, punish their criminal acts, not the way they identify themselves. Is it even constitutional to prevent someone from identifying themselves as a member of a group? Is it rational to presume that every member of this group is a criminal?
In what was termed an unprecedented move, the U.S. Attorney filed a restraining order against the motorcycle gang to prevent them from using their name or trademark. The order was granted in United States v. Ruben Cavazos, et. al. The Federal judge stated that, as an asset to the defendant, Mongol Nation, the trademark would be subject to forfeiture as the defendants were convicted in criminal proceedings. Additionally, the court ordered defendants and virtually anyone connected to them–agents, family members-to surrender all paraphernalia containing the name and trademark.
What are your opinions in this matter? I welcome your thoughts and comments.
