The Courthouse News Service reports that in 2008, the
government filed a RICO
indictment against some of the Mongols Nation Motorcycle Club's ex-members,
in United States v. Cavazos . The case was however argument was
rejected by the district court in 2009 when an unindicted member challenged the Cavazos action, in Ramon Rivera v.
Ronnie Carter. US
The Mongols Nation Motorcycle Club, Inc., was then dissolved and the club was re-started as the MNMC. The Mongols say the government has issued RICO forfeiture proceedings despite the Rivera ruling.
Chaninat and Leeds specializes in international criminal cases in Thailand
The Mongols are counter suing, arguing the government cannot seize its trademarks, because RICO law only permits such seizures against individuals. They state they are not a criminal organization and as such are not responsible for a few of its members' actions.
The Mongols are seeking a judgment that "the marks are not subject to RICO forfeiture," and that their only lawful owner is the club itself.
Chaninat and Leeds specialize in trademark cases in Thailand
Motorcycles are of course a popular part of Thai culture, for example the jesters. However we do not know whether Thai motorcycle clubs have trademarked their brand. In general they would need to either form a Thai juristic person or have an single individual register on their behalf.
Read the full article here
Related Documents: Thailand Trademark Law
Flickr photo credit: Bastiaan Steinmeier