Can the government sieze a biker club’s name?

The Federal Government is hoping that a judge will allow the U.S. Government to sieze a bike clubs name and logos. U.S. Attorney Thomas O’Brien believes that it would then allow law enforcement to take the clubs colors from anyone wearing the siezed club colors.

Over 60 Mongol club members were arrested under federal racketeering indictments in Southern California Tuesday. U.S. Attorney Thomas O’Brien is using the arrests as the basis for the injunction for seizing the “Mongol” name.

His staff planned to ask a judge for an injunction to seize the Mongols’ trademarked name, a first for federal authorities. If the order is approved, no member would be able to wear a jacket or ride a bike bearing the gang’s name.

In the past, law enforcement has been able to sieze clubhouses and other places owned by clubs that have been convicted of crimes. Law enforcement has even been able to sieze motorcycles and other assets as part of their investigations.

This is a first for going after clubs but not the first time that a government has tried to stop a business by siezing its logo or even its website. In Kentucky, the state was sucessful in getting websites siezed and transferred to the state’s control with a court order. In the Kentucky cases, the businesses have not been convicted yet of a crime but still lost their assets.

If this continues to be a trend, bike clubs could soon find themselves having to be more creative in their names or how they identify themselves to others or even find a legal way to retain ownership to their club colors.

 Source Article “Mongols motorcycle gang arrested in federal sweep“

Source: hosted.ap.org