Mongol Trademark Seized

More news on the Mongol motorcycle gang reveals that the US government is trying to outlaw their identity. A judge has banned anyone from wearing a trademark logo:

The judge initially issued an injunction Tuesday, but that order was limited to barring the sale or distribution of the logo. New language was added, saying the gang members and their affiliates “shall surrender for seizure all products, clothing, vehicles, motorcycles … or other materials bearing the Mongols trademark, upon presentation of a copy of this order.”

Welk said his office is drafting the protocol for such seizures. Law enforcement agencies could begin enforcing the injunction by Thursday or Friday, he said.

Observers questioned whether the injunction is constitutional.

“Here you have the government stepping in and preventing a rights holder of using the (trade) mark they legally obtained,” said attorney Douglas Mirell, who specializes in First Amendment cases.

“It strikes me as a serious potential First Amendment violation to have the government come in and attempt to, and in this case exceed, stripping lawfully obtained rights,” he added. “This is one for the record books.”

The effectiveness of this control, let alone it’s constitutionality under free speech, seems dubious. Is the argument that the trademark itself is dangerous?

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