In 2008, the US government filed a RICO indictment against some of the Mongols Nation Motorcycle Club’s ex-members, in United States v. Cavazos but the Mongols say the argument was rejected by the district court in 2009 when for an unindicted member who challenged the Cavazos action, in Ramon Rivera v. Ronnie Carter reports The Court House News Service.
The marks were previously registered under Mongols Nation Motorcycle Club, Inc., but that dissolved and the club then began new life as the MNMC. The Mongols state the government has re-commenced RICO forfeiture proceedings despite the Rivera ruling because of this.
Chaninat and Leeds specializes in international criminal cases in Thailand
The Mongols are now counter suing and claiming the federal government cannot seize its trademarks, because RICO law permits such seizures only against people. They insist they are not a criminal organization and cannot be held responsible for a few of its members’ actions.
The Mongols are asking for a judgment that “the marks are not subject to RICO forfeiture,” and that their only lawful owner is the club itself.
Chaninat and Leeds specialize in trademark cases in Thailand
Motorcycles are of course a popular part of Thai culture, for example the jesters. However we do not know whether Thai motorcycle clubs have trademarked their brand. In general they would need to either form a Thai juristic person or have an single individual register on their behalf.
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