UPDATE [1. New story here. Indictment here. ]
On 22 October, a federal judge in Los Angeles granted an injunction prohibiting gang members, relatives and associates from wearing, licensing, selling or distributing patches with the Mongols logo. The case is believed to be the first in which the government has sought to take control of a gang’s identity.
Under an indictment issued last Tuesday, 64 Mongol members have been arrested in 6 states, including Ohio. Federal prosecutors say the Mongols routinely engage in murder, torture, drug trafficking and other offenses.
I am not sure how enforceable this injunction will be. Indeed, if I represented the Mongols, I would certainly challenge this order – on any number of grounds, free speech being foremost.
Perhaps the government would have better luck trying to cancel the trademark registration and be done with it. I don’t foresee the federal government getting in the business of “association services, namely, promoting the interests of persons interested in the recreation of riding motorcycles” – although it does seem to want to get in the business of banking and insurance.
I am a biker and ride with several groups but hate the Mongols, Hell’s Angels and other outlaw MC gangs. However, I would feel compelled to defend their right to wear what they want. The government can confiscate any monetary gains they get from having those colors to pay restitution to victims, but shouldn’t ban them from wearing them. Besides, at least when they have them on, we know who they are, what they stand for and where they are going.
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.
Hi Jim-
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.