"Copyright control over Mongols" Topic

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And you thought the copyright discussions we have on here were weird. Seems the Californian (where else?!) authorities are seeking to seize a trademarked name used by a group of bikers in an attempt to reduce their effect. Once they have seized the trademark they will try to restrict its use…

"if any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and literally take the jacket right off his back"

Terrific forward, thank you. I don't know which is more interesting -- that gangs are trademarking their gang names, or that the intellectual property is considered a worthwhile target in forfeiture proceedings. Fascinating.

As a trademark attorney, I find this story highly amusing. Thanks, I hadn't heard it.

I get some Biker News type email, this has been a pretty big topic.

I like that, "Californian Federal Authorities." It figures that it took a foreign news source to recognize where the real power lies. Actually, its the Federal Government that is seizing control of the Mongols logo, name and related indicia. It means that any Mongols can no longer wear jackets, etc. with their "colors."

The Mongols are a largely Hispanic biker gang that was formed when the Hells Angels didn't allow non-whites. The Mongols had taken to recruiting street gang members as extra muscle/mooks and, as a result, the street gangs became more violent.

Wyatt

nycjadie out of curiosity, how do you suppose the gang was able to register the name in the first place? Wouldn't it have to be vested in a corporation or some other legal entity the definition of which would surely not include an illegal biker gang? Or could it be held by an individual?

Also how could the registering authority allow the registration of such a generic name as "Mongols"?

The mark is apparently in the name of a non-profit entity, but anyone can claim trademark rights.

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The word "mongols" would be considered arbitrary to recreational motorcycling. Dictionary words, even proper nouns, may be used as trademarks so long as they are not descriptive of the goods and services listed in the application. So the mark MONGOLS would probably not fly for a Mongol historical society/museum or a Mongol community center. That's an oversimplification but MONGOLS for cycling is probably fine.

The Federal 9th Circuit is a funny place, that doesn't toe the line with the rest of the country.

I've never heard of a mark being used in this fashion by the government, but the Feds use RICO and tax evasion to get criminals that it could not otherwise reach. This is similar.

The Federal 9th Circuit is a funny place, that doesn't toe the line with the rest of the country.

I'd double check which Planet that court is on.