The Mongols Motorcycle Club logo ruling sets precedent for all motorcycle clubs, independent riding groups and biker associations to keep their patch club logos and prevent the feds from confiscating their trademarks.
By H. Nelson Goodson
Hispanic News Network U.S.A.
October 4, 2015
California - The U.S. Attorney's Office in California, U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), the U.S. Department of Justice and other law enforcement agencies lost their effort to confiscate the Mongols Motorcycle Club logo setting a precedent that the federal government can not confiscate or prohibit members of motorcycle clubs, independent riding groups and biker associations from proudly wearing their club colors in public. The feds argued and attempted to confiscate the motorcycle club (MC logo) colors after alleging that the 700 member Mongols MC was a criminal organization (enterprise) and was subject under the RICO law for forfeiture of its logo to prevent violence. Federal Judge David O. Carter on September 16 ruled otherwise and dismissed a federal indictment seeking to confiscate the Mongols Club logo. The Mongols MC is protected under the Constitution as an entity composed of a group of persons associated for a common purpose and conduct. The federal indictment alleged that the Mongols Nation engaged in racketeering and criminal acts as an enterprise, but failed to prove it as required under the RICO Act. Only a few members of the Mongols MC engaged in criminal acts, but were removed by the Mongols Nation membership.
Mongols Motorcycle Club federal case dismissal ruling: https://www.scribd.com/doc/281886965
Hi, I have seen this article and other biker centric articles you have written and wanted to first say thanks. Being a biker from Austin, these topics are quite dear to me.
ReplyDeleteI wanted to make sure that you know in this case, the court ruled the indictments were deficient because they had been filed against the Mongol's MC and not individual people. The court actually did not rule on the patch, because they said that is essentially a punishment so it can't be ruled on until they are convicted. Likely, these charges will be refiled correctly.
Somehow, this point has been glossed over by most of the stories, but that is my understanding of situation.