Judge won't make Mongols biker gang surrender trademark logo

[Eugene]

Source: Associated Press

By BRIAN MELLEY
2 hours ago

LOS ANGELES (AP) — A California judge delivered a blow Thursday to a decade-long effort by federal prosecutors to strip the Mongols motorcycle gang of its trademarked logo, ruling such a move would be unconstitutional.

U.S. District Court Judge David O. Carter in Santa Ana nullified a first-of-its-kind jury verdict that would have given the government control of the logo of a Mongol warrior astride a chopper-style motorcycle and two other trademarks.

Ordering forfeiture of the trademarks would violate the First Amendment rights to freedom of association and Eighth Amendment protections against excessive penalties, Carter said.

“The collective membership mark acts as a symbol that communicates a person’s association with the Mongol Nation, and his or her support for their views,” Carter wrote. “Though the symbol may at times function as a mouthpiece for unlawful or violent behavior, this is not sufficient to strip speech of its First Amendment protection.”

-snip-


Read more: https://apnews.com/d26a8da642014a6c9888f070d015fee5

[benld74]

1. CA judge has been warned

[JohnnyRingo]

2. Doesn't make sense practically speaking.

Taking ownership of trademarks is tough to enforce. They could include Klan chits and Swasticas, but just how much time do cops have to play fashion police? The real effect would be simple harassment.

Not many cops would like to pull over a line of bikes and demand their colors, regardless the club. Bikers are funny about that. Would they be allowed to confiscate Christian biker patches, or is this just limited to one specific design? Doesn't sound constitutional at all considering that.

[forklift]

3. I am against all civil forfeitures

The only time I'd change my mind is when the Trump crime family gets indicted. Then I'd rejoice.

[Danascot]

4. Here's the logo if anyone is interested

[ripcord]

5. Violent thugs

https://www.nbclosangeles.com/news/local/Shooting-on-10-Freeway-Shuts-Down-Freeway-in-Baldwin-Park-506277421.html