Trade mark designating one motorcycle club from another

A trade mark is a badge of origin, it designates goods and services from one undertaking from those of another undertaking. It signals information in relation to the origin of goods, services and even motorcycle clubs!

The Mongols Nation Motorcycle Club’s logo is a registered trade mark in the US. Their website states that they are “The baddest 1%er Motorcycle Club known world wide.”

By wearing the logo they are displaying their badge of origin, signalling to others that they are members of the club.

However the US government is attempting to restrict the use of the trade mark to signal membership to the club, claiming that the logo is used to intimidate.

On a post on the Mongols website the members see the attempt to take their patch as a serious limit on free-speech rights. The Mongols argue that the logo is a “collective membership mark”, which is considered protected speech under the First Amendment, rather than a business trade mark.

This case is an interesting one as if the US government is successful in restricting the use of the Mongols trade mark, it might set a precedent that could allow the government to go after other trade marks belonging to motorcycle clubs. 

By Sam O'Toole