Friday, June 21, 2013

Can Motorcycle Gangs Be Trade Marked?

The Courthouse News Service reports that in 2008, the US 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

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.

Thailand Criminal Lawyer: 

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.

Thailand Trademark Lawyer 

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

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