Other domain name-related trademark problems include:

-Domain Name Tasting: this is where the domain name registrant takes advantage of the five-day trial period that a registrant of a new domain name receives. During that five-day trial period, the prospective registrant can test the domain name for its profitability on a pay-per-click basis (i.e., whether it receives sufficient hits to make it a viable source of advertising revenue). If it proves to be profitable, the prospective registrant retains the domain name; if not, the tester relinquishes it and gets a full refund of the registration fee. ICANN does have a proposal to deny the refund, which should take care of this issue. The proposal should also resolve the issue of domain kiting, which is the deletion and immediate re-registration of a domain name for consecutive and perpetual five-day periods.

-Domain Name Parking: This is the use of domain names on pay-per-click parking websites; it drives speculative behavior in the domain name marketplace.

-Icann’s proposed roll-out of new gTLDs: “gTLD” stands for “generic top-level domain;” an example of a gTLD is .com. If ICANN’s new proposal comes to pass, there will be unlimited gTLDs with the payment of a $185,000 application fee (think books.amazon; dvd.amazon). This is definitely something brand owners should be keeping a close eye on; at the moment this roll-out is on hold.

Thanks for the comment. I tend to agree with you. This is, to me, an odd situation. It is true that trademark (and other IP) rights are valuable, and can be bought and sold.

However, unlike copyrights and patents, the value of (and protection for) trademarks comes from their use. If you’re not using the trademark, your rights will eventually disappear.

Since I doubt that the government will actually use the Mongols trademark for bikers’ association services or for clothing, I don’t think the government will be able to maintain any meaningful rights in the mark.

Here’s what I foresee: Government “confiscates” trademark rights –> Government doesn’t actually use trademark –> Trademark is vulnerable to cancellation –> Government loses trademark rights –> Government can’t stop anyone from using mark.

This analysis also ignores the common law rights that the Mongol members may have and the copyright that may exist in the logo.

I think that’s why this story gets a fair amount of attention for an IP matter: it’s unique and very complicated.

Go for the patch. If you do it, send a pic.

My wife and I were born in the year of the snake and I have a tattoo depicting two snakes wrapped around the tree of life. I would love to get a patch made of it and put it on the back of our jackets along with rockers.

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