Federal prosecutors are trying a novel legal tactic to strike at the heart of what they consider a notorious outlaw motorcycle gang: using trademark law to take away its treasured logo....
...For years, federal authorities have claimed that the Mongols name and logo, which the club has registered as trademarks with the federal government, serve as a source of intimidation and a banner under which members have committed crimes. By taking over the trademarks, which would make it illegal to display the Mongols “colors,” the Justice Department believes it can essentially neuter the club....
...The case is playing out in the wake of a bloody shootout among rival bikers in Waco, Texas, in May that left nine dead and 18 wounded, an event that drew national attention to the subculture of outlaw motorcycle gangs.
That turf-war incident—which didn’t involve the Mongols—exploded into violence after members of one gang began wearing a patch that signified its dominance in Texas, infuriating a rival group.
Motorcycle clubs around the nation are watching the Los Angeles trial closely. “They are worried that if they can do this to the Mongols, they can do it to anybody,” said Donald Charles Davis, an expert on motorcycle clubs who chronicles biker news on his blog, the Aging Rebel. “The idea seems to be that you can ban motorcycle clubs by stripping them of their insignia.”
The case against the Mongols dates to 2008, when federal prosecutors charged dozens of members with crimes ranging from murder to weapons trafficking to money laundering, after undercover agents with the Bureau of Alcohol, Tobacco, Firearms and Explosives infiltrated the group. Prosecutors won convictions against members including former president Ruben “Doc” Cavazos.
But they went a step further and formally sought to take possession of the club’s trademarked name and logo. That is an unusual use of federal forfeiture law, which empowers the government to seize assets from convicted criminals.