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Here we'll explore the nexus of legal rulings, Capitol Hill policy-making, technical standards development, and technological innovation that creates -- and will recreate -- the networked world as we know it. Among the topics we'll touch on: intellectual property conflicts, technical architecture and innovation, the evolution of copyright, private vs. public interests in Net policy-making, lobbying and the law, and more.

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In the Pipeline: Don't miss Derek Lowe's excellent commentary on drug discovery and the pharma industry in general at In the Pipeline

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October 22, 2008

Law Enforcement Seizes Biker Gang IP?

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Posted by Alan Wexelblat

I'm tempted to file this under "weird IP stories you don't expect to read" but I don't have a category for that.

Buried at the very bottom of the AP story on the Feds busting up the Mongols biker gang appear the following paragraphs:

U.S. Attorney Thomas O'Brien has asked for an injunction that would seize the Mongols' trademarked name. If the order is approved, any Mongol would no longer be able to wear a jacket displaying the gang's name or emblem.

"It would allow law enforcement to seize the leather jackets right off their back," O'Brien said.


I suppose, in the sense that a trademarked logo is a tangible asset with some value, it could be seized in a law enforcement action. But, really, do you want to be the guy assigned to take a biker gang member's jacket off his back?

Comments (2) + TrackBacks (0) | Category: Laws and Regulations


COMMENTS

1. R_Rojas on October 22, 2008 10:59 AM writes...

It's a slippery slope when law enforcement gets to dictate what a person can and can't where. I'm goingto go out on a limb and say the ACLU might have a thing or two to say about this.

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2. drwex on October 23, 2008 10:33 AM writes...

It seems likely that when a person purchases a good with a licensed logo part of that purchase includes a right to use/wear the item as intended. If Nike was to be bought out tomorrow I don't think the new owners would be allowed to come confiscate my sneakers, even though they'd legally own all the trademarks and such.

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