Mongols Bike Gang Embroiled in Controversial Legal Battle
The Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives after a lenghty investigation decided to go after the Mongols for a variety of things - in addition to seizing millions of dollars worth of Mongols assest, the prosecutors also claimed the Mongols’ trademarked name and logo. The U.S. Attorney O’Brien even declared that if “any law enforcement officer sees a Mongol wearing his patch, he will be authorized to stop that gang member and can literally take the jacket right off his back."
This created quite a stir in regards to tradmarked logos and names. Last year a Los Angeles judged ruled the Mongols Trademark belongs to the Mongols and believed the Justice Department should pay all the legal costs incurred by the Mongols for the costs incurred in this fight because the Feds had violated the Mongols' First Amendment rights. The Mongols' legal fees work out to close to 250 000 bucks.
Recently a federal judge ordered the Justice Department to pay $253,206 to ACLU attorney Loy who worked to challenge the prosecutors’ 2008 attempt to seize the Mongols’ logo and trademark. According to Loy, “What they did was an outrageous violation of the First Amendment and an absolute abuse of forfeiture and trademark laws”.
The Federal prosecutors attempt to seize the logo and trademark name, were they justified or going way too far?
What do you think?
Russ Brown, Motorcycle Accident Lawyer.
November 5, 2012- -
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November 11, 2012- -
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February 1, 2013- -
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June 4, 2013- -
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