A federal judge in California has declined to approve a jury’s decision to strip the Mongols motorcycle club of its trademarked logo.
A seized Mongols patch and vest is on display during a press conference in Los Angeles on Oct. 21, 2008.Carter wrote the jury found that the government"did not prove the requisite nexus between the collective membership marks" and the racketeering offense, but that the collective membership marks were forfeitable as to the racketeering conspiracy alone.
The jury issued a verdict that the Mongol Nation should be stripped of its trademarked logo after finding it guilty of racketeering and conspiracy. Prosecutors had argued that it operated as an organized criminal enterprise involved in murder, attempted murder and illegally distributing methamphetamine and cocaine. The decision in January to strip the Mongols of its trademark needed final approval from a judge.
Carter wrote in the ruling that the Mongols' members' rights to express their identity through the symbol is speech protected by the First Amendment. Prosecutors have claimed in court documents that the Mongols are a nationwide organization. Approximately 400 of its 500 to 600 members are thought to be located in Southern California, and some are current or former members of Los Angeles County street gangs.
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