Friday, December 15, 2017

LAMA-Nomads, Florida Motorcycle Group Allegedly Copycats Logos Igniting Controversy Among Biker Groups

Name and logo infringement of colors taken seriously by motorcycle groups and riding groups in the U.S.

By H. Nelson Goodson
Hispanic News Network U.S.A.

December 15, 2017

Clermont, Florida - Last August, Nicasio Cuevas Quiles III, aka, "Nic Jones, Nic Yoda, Quil de Nic" was one of a few motorcycle enthusiasts that decided to create a motorcycle group named Latin American Motorcycle Association Nomads (LAMA-Nomads) in Clermont. Quiles is the current President of the LAMA-Nomads. But, the creation of LAMA-Nomads in Florida quickly drew criticism by Florida chapters associated with the actual Latin American Motorcycle Association (LAMA), which originated about 40 years ago in Chicago, whose founder is Mario Nieves and has chapters in multiple U.S. states, other countries and Puerto Rico. Hispanic News Network U.S.A. (HNNUSA) attempted to contact Quiles and Elio Cruz from the LAMA-Nomads concerning the allegations raised by the original LAMA chapter members that LAMA-Nomads had decided to use LAMA's name without authorization and had also used the name of the Nomads, which another Motorcycle Club exists including adding a skull and ring around their Colors (LAMA-Nomads vest logo) similar to the Barrio Riders from Chicago.
Lou Pagan, a LAMA member in Florida posted a FB video connecting the LAMA-Nomads Colors to three groups, the original LAMA from Chicago, Nomads M.C. and Barrio Riders and asked Quiles why did he do it. Pagan later removed the video from his FB account.
The LAMA-Nomads attempt to portray their motorcycle group as authentic, but lack any originality, maybe because Quiles was a former member of LAMA and couldn't let go as a member and continues to use the LAMA name for credibility. Cruz posted on his Facebook (FB) page that their LAMA-Nomads name has been registered and even have an Internet domain with the name of LAMA and had filed lawsuits concerning the use of LAMA. HNNUSA has attempted to contact Cruz about the lawsuits, but no response has been made so far. Quiles has been also contacted as well, but no response has been made by him concerning the LAMA-Nomads and the allegations made that they copied and used other groups, clubs or association logos.
Quiles and members of LAMA-Nomads posed for a photo showing their LAMA-Nomads in front of home at the 9500 block of Royal Vista Ave. in Clermont where they allegedly operate their motorcyle group from and posted the photo in the LAMA-Nomads FB page. 
HNNUSA has also attempted to contact Marcos Rodriguez, the President and David Soto, the Vice-President of LAMA National from Chicago, but no response has been received about their options concerning the association's name infringement by Quiles and his LAMA-Nomads members.
A Weebly dot com web page was setup targeting Quiles by an anonymous source that mentioned that his former employees were seeking compensation from work done, but were never paid. Quiles did respond to the Weebly page about him and stated, "I wish to correct your article one last time related to Milwaukee County case “Mind Mill Creative LLC v. Haban, et al” in which our organization initiated the actions against former staff for, but not limited to, breach of contract, theft/conversion, violations of the Computer Fraud and Abuse Act and the recent decision by the Department of Workforce Development (DWD) to close their investigation into the baseless claims as to non payment of wages in favor of our organization."
Quiles posted an official and unofficial statements on the LAMA-Nomads comments FB page regarding his group and HNNUSA's inquiry post about the group's decision to use the name LAMA is also posted.
Quiles TM registered Latin American Motorcycle Association L.A.M.A. on June 20, 2017 and then the name was TM registered by LAMA Corporation from Chicago on August 9, 2017. The TM for LAMA Corp. had expired on August 9, 2013, then LAMA was reactivated in July 28, 2015 and expired on March 13, 2017. Quiles didn't include Nomads in the TM filing, according to the U.S. Patent and Trademark Office (USPTO).
The USPTO has posted on TSDR check that on December 12, 2017, Attorney Eduardo E. Drake from Fantastic IP Consulting, LLC, Minneapolis, Minnesota who was representing Quiles in the TM filing had withdrawn from the filing due to lack of communication with client (U.S. Serial # 87498322) for request to Trademark "Latin American Motorcycle Association LAMA". Quiles filing on June 20, 2017 is still active, but remains under examination with a "non-final Office action" by USPTO.
Which actually means that Quiles doesn't have the exclusive  for the LAMA Trademark yet, which he has implied to have, according to the USPTO records filing.
Quiles hasn't TM registered the LAMA-Nomads in the State of Florida yet, according to Corporation state records.

Would it be OK for new motorcycle groups (NMG) to use and mimic Colors from other clubs, associations and independent riding groups?

For example:

• Hells Angels-NMG (Hells Angels TM active)
• Outlaws-NMG (Outlaws TM active)
• Bandidos-NMG (Bandidos TM active)
• Vagos-NMG (Vagos TM active)
• Mongols-NMG (Mongols TM active)
• LAMA-Nomads (LAMA TM active, LAMA-Nomads not TM active)

Will it ignite controversy between original M.C.'s, Associations and independent riding groups with wannabes that copy, infringe on names and then TM register the name as their own?
How many M.C.s, Associations and independent riding groups actually have their Colors, logos and names TM registered, so former members and others don't take the name of a club?
The biker drama continues. Stay tuned.

1 comment:

Nate Del Toro said...

They talk about respect and honor and yet that is not what they reflect. By copying our name a name that has been around for 40 yrs and it's recognized World Wide. That these folks create a motorcycle club that's great bcs their is enough room and road for everyone. But to take our name and put it on there backs shows how much they know nothing about respect and honor. So many different names they could've chosen and yet this is the route these folks decide to take, for me that's unacceptable. We too wear and defend our colors with pride and honor and we've been doing it for 40 yrs and bcs we are a family oriented and brotherhood organization that should not be mistaken as a sign of weakness either. Because we do demand respect. So many other names to choose from...Why didn't they called themselves or copy another MC's name or Association name because they know better that's why and they know the lack of Respect that is considered to be. But No they chose our name after leaving our own organization because they probably couldn't live by our Rules & Regulations and that's ok. Because this is not for everyone. That however I consider to be a sign of a lack of courage and most of all a lack of originality just a copycat and wannabees. I suggest these folks learn what Respect means because they knew very well what they were doing when they decided to do this. In all my years as a Biker I have never ever seen another club, organization, association or MC take or use anyone else's current name. Why? It's called Respect! and it's not something you do. It's that simple!

We are LAMA and they could jump, scream, stomp and hollar all they want because at the end of the day they are only Wannabees and we are the ORIGINAL AND THE ONLY! in the words of my Brother Albert. "If you don't have LAMA in your HEART don't wear it on your BACK! LFFL!!!