Nixing Mongol Biker TM In RICO Case Unconstitutional: Judge

Law360 (February 28, 2019, 9:52 PM EST) -- A California federal judge said Thursday that the First and Eighth amendments bar the government from stripping the Mongol Nation motorcycle club's rights to its trademark-registered emblems as part of the group’s recent conviction under the Racketeering Influenced and Corrupt Organizations Act.

Prosecutors had sought to take away the Mongol Nation’s legal rights to several logos, like one comprising “a Genghis Khan-type character with sunglasses and a ponytail, riding a motorcycle, with the letters 'M.C.' appearing below the motorcycle,” according to court records.

But U.S. District Judge David O. Carter said the logos were noncommercial “collective membership marks” used by the...

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