Slashdot Mirror
Feds Target "Mongols" Biker Club's Intellectual Property
couchslug writes in with a Reuters account of a Federal raid on a California-based motorcycle club, the Mongols, on charges "ranging from murder and robbery to extortion, money laundering, gun trafficking and drug dealing." The interesting twist is that the authorities are asking the courts to seize the IP of the biker club — specifically, their trademarked name "Mongols." "Federal agents and police in seven states arrested more than 60 members of the Mongols motorcycle gang on Tuesday in a sweep that also targeted for the first time an outlaw group's 'intellectual property,' prosecutors said. The arrests cap a three-year undercover investigation in which US agents posed as gang members and their girlfriends to infiltrate the group, even submitting to polygraph tests administered by the bikers ... [T]he name 'Mongols,' which appears on the gang's arm patch insignia, was trademarked by the group. The indictment seeks a court order outlawing further use of the name, which would allow any police officer 'who sees a Mongol wearing this patch ... to stop that gang member and literally take the jacket right off his back' ..."
Actually, polygraphs are inadmissable in the US court system.
In principle, the government can nationalize the trademark and after that, enforce against "unauthorized use" by the bikers. It would (should) eventually fail if challenged, because it's after all an end-run around the real problem. I also don't think it would work in the first place.
Also, in principle you're not supposed to be able to get a tasteless or obscene trademark, just like copyright didn't used to apply to banned books. This ought to include gang insignia afaic. But then again, there were a bunch of alcoholic drinks named after Katrina which got trademarked, so I guess the trademark people are asleep just like the patent people.
"They were pure niggers." – Noam Chomsky
It seems only tangentially related to trademark law; the reference in TFA to a racketeering indictment makes it seem pretty likely that they are looking for, an order under the Racketeer Influenced and Corrupt Organization (RICO) Act, specifically, 18 USC Sect. 1963(a), declaring that the trademarked logo, and the tangible items created using the trademarked logo, are "property constituting, or derived from, any proceeds which the person obtained, directly or indirectly, from racketeering activity [...] in violation of section 1962 [of Title 18]", and therefore subject to forfeiture under RICO.
"So you'd have to be asked the same set of questions by a panel of say 5 separate polygraph "professionals" (who can not interact with each other)? Then go with the majority decision."
Last time I checked guilt had to be determined unanimously. Follow this link to witness the power of the juggernaut that is the U.S. legal system:
http://www.nydailynews.com/gossip/2008/10/21/2008-10-21_judge_declares_a_mistrial_in_britney_spe.html
Regards.
On another note: Forgive the Godwin, and correct me if I am wrong, but don't some European countries have criminal penalties for displaying a swastika even in the form of satire or parody?
yes, most prominently, and possibly the only one, germany. swastikas and generally nazi symbols which have glorifying character are forbidden. satire, parody and historical uses are legal. for instance "der untergang" (http://www.imdb.com/title/tt0363163/) can show swastikas and do the heil hitler thingy. In contrast, the german version of the movie eurotrip (http://www.imdb.com/title/tt0356150/) had the scene cut out, where the german kid drew himself a hitler mustache and paced like a nazi.
games like return to castle wolfenstein aren't sold in germany.
also, it's is illegal to deny the holocaust and can lead to imprisonment.
It's not about fate, it's about character.
there be no shelter here, the frontline is everywhere!
The cops won't take the tattoo off you but the Mongols will if they see it.
The one most other posters seem to be missing. This is a RICO case. Well, part of RICO is the ability to seize assets related to the criminal enterprise. So for example if a company was a front for money laundering, that company could be seized. Doesn't matter that it was the semi-legit front, since it was a part of the criminal enterprise, it is subject to seizure.
So this isn't an IP issue, that's really a small part. It would be the same thing if they brought down a company under RICO, they'd take the company's name and such. IT all falls under the idea of "You can't profit from your crime."
Regardless, it would be a civil violation, not a criminal one. The owner would have to pursue civil measures to get them to stop wearing it; the police can't enforce trademark usage without a court order to that effect, since no crime is being committed until the person using the trademark violates a court order. Of course, they may have committed a tort and be liable, but that still doesn't mean the police can take their stuff until a court specifically says so.
Growing up with bikers (I'm most certainly not, by my dad is), I can say that even the roughest bikers generally would accede to the cops. They'd rather beat the rap on technicalities than have the cops file resisting arrest or failure to stop. The Mongols will fight other gangs, but trying to get into a war with the cops is a losing proposition. In the current case, I'm sure they've already sent out a signal to those still on the streets to hide their affiliations for the moment, and let the legal process go through to determine what happens with the logo. They're criminal, but they're also pragmatic and not stupid.
You can never go home again... but I guess you can shop there.
Actually the Steve Jackson thing had nothing to do with Operation Sun Devil. SJG was raided because one of their games under development was thought by the feds to be "a handbook for cybercrime". It took them YEARS to get their gear back.
Germany, France, Austria, Poland. I think the Czech Republic too - basically anywhere that had a bad time of it with the nazis during the war
And generally can afford to hire very good lawyers.
Rule of Slashdot #0: You and people like you are not representative of the larger population. - A.C.
That's just fine, intellectual property is seldom intellectual nor property.
According to TFA, it's not about trademark infringement (as in, we seize your trademark, now it's ours and we can sue you if you continue to use it).
Instead, they are seeking to outlaw use of that trademark and logo, just like some signs associated with violence or xenophobia are banned in other parts of the world (like Nazi symbols are in Germany).
Regardless, it would be a civil violation, not a criminal one. The owner would have to pursue civil measures to get them to stop wearing it; the police can't enforce trademark usage without a court order to that effect, since no crime is being committed until the person using the trademark violates a court order. Of course, they may have committed a tort and be liable, but that still doesn't mean the police can take their stuff until a court specifically says so.
And what does TFA say? The indictment seeks a court order ....
BTW, a customs official can seize goods violating Trademark without any court order - at least when they are imported.
Lars T.
To the guy who modded me down from perfect to terrible Karma - Apple haters still suck
Various documents, explanations, and analyses may still be found on SJG's site, according to Google. I also just verified these couple of links myself.
Unfortunately, I'll admit it's straying a bit far off the topic of federal IP seizures, except perhaps to show that under the right circumstances, there's nothing an adequately jumpy government won't lay claim to.
You cannot truly appreciate Dilbert until you read it in the original Klingon.