Bike gangs have been in the news recently for all the wrong reasons. On June 2nd, an ongoing case will be argued before a Los Angeles court concerning the government’s attempt to strip the Mongols Nation of its trademark.

Bike gangs are infamous for many things including the logo patch that adorns the back of their jackets. These logos are used to identify the members of the gang but are also valuable trademarks. Over the years, the Hells Angels have been notorious for coming down hard, legally that is, on people that use their trademark without permission. You can read more about the Hells Angels trademark fight with rapper Young Jeezy here. In an attempt to thwart gang activity, Feds are taking on a new approach.

The Mongols Nation is Southern California’s largest bike gang and they sport a trademark logo featuring a shades wearing Genghis Khan riding a motorcycle; the trademark was registered back in 2005 with the trademark office. In 2008, the ATF issued 110 arrest warrants for gang members on charges of murder, drug trafficking and other bad stuff. As part of a plea deal, an injunction was granted that forbid members from wearing or distributing merchandise bearing the Mongol’s trademark and forfeited the mark to good old Uncle Sam. Fast forward a few years, when another judge lifted part of the ban. Now, on June 2nd, the parties are heading to court to reargue the issue and determine who owns the trademark.

The Mongols are arguing that the ban violates their First Amendment rights and it further looks to quash the members right of expression and association. The Mongols argue, especially in light of recent events, that the government will now look to strip all motorcycle clubs of their trademarks. The government argues that the gangs are ongoing criminal enterprises and using the trademark in association with illegal activity and therefore the government is entitled to own the mark and prevent others from using it.

The court will have to carefully balance this important issues as it determines whether the Mongols can have back the rights to its trademark.

