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  1. #1
    Per Ardua Metamorphosis's Avatar
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    Default Pulling Mongols Patches

    National News - Judge bans Mongols from wearing trademark logo

    So the judge ruled that any Mongols or affiliates found wearing the patch can have it seized, even if they aren't being indicted. This also includes bikes with the logo painted on it, etc. I could see the justification for revoking a trademark (maybe), but I'm not sure about rampant seizures based on essentially nothing in the case of Mongols & others who aren't actually accused of committing a crime and they haven't been found guilty under RICO. Is an accusation of the organization being a "corrupt organization" enough to warrant it?

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  2. #2
    `~~Philosoflying~~` SillySapienne's Avatar
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    Quote Originally Posted by Metamorphosis View Post
    National News - Judge bans Mongols from wearing trademark logo

    So the judge ruled that any Mongols or affiliates found wearing the patch can have it seized, even if they aren't being indicted. This also includes bikes with the logo painted on it, etc. I could see the justification for revoking a trademark (maybe), but I'm not sure about rampant seizures based on essentially nothing in the case of Mongols & others who aren't actually accused of committing a crime and they haven't been found guilty under RICO. Is an accusation of the organization being a "corrupt organization" enough to warrant it?
    No.

    And...

    `
    'Cause you can't handle me...

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  3. #3
    Order Now! pure_mercury's Avatar
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    Yeah, this is absolutely ridiculous.
    Who wants to try a bottle of merc's "Extroversion Olive Oil?"

  4. #4
    Oberon
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    I really want to be a fly on the wall the first time a cop tries this. He'd better have a division of Marines backing him up.

  5. #5
    Senior Member Lateralus's Avatar
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    How can that judge justify completely ignoring the constitution?
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  6. #6
    Oberon
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    Quote Originally Posted by Lateralus View Post
    How can that judge justify completely ignoring the constitution?
    Sadly, civil forfeiture laws have been upheld by numerous courts over the years. I don't like them any more than you do.

    The reason a judge could confiscate the Mongols symbol is because the Mongols trademarked it, thus making it a legal piece of intellectual property, therefore rendering it subject to forfeiture.

  7. #7
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by oberon View Post
    Sadly, civil forfeiture laws have been upheld by numerous courts over the years. I don't like them any more than you do.

    The reason a judge could confiscate the Mongols symbol is because the Mongols trademarked it, thus making it a legal piece of intellectual property, therefore rendering it subject to forfeiture.
    Yeah, I still don't see where the Constitution grants the government that authority.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  8. #8
    Once Was Synarch's Avatar
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    1. Can criminal gangs openly advertise their affiliation without fear of reprisal?
    2. "Prosecutors requested the injunction after authorities arrested dozens of Mongol members under a racketeering indictment."
    3. What other purpose would a person have for joining a motorcycle gang than to adopt the trappings if not the reality of fear and intimidation?


    From the article, it doesn't sound like these guys were running a social club.

    Edit: Likewise if your "club" is the target of a criminal investigation, why wouldn't anything with that insignia be seizable? It is clearly associated with said club.
    "Create like a god, command like a king, work like a slave."

  9. #9
    Senior Member Lateralus's Avatar
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    Quote Originally Posted by Synarch View Post
    1. Can criminal gangs openly advertise their affiliation without fear of reprisal?
    2. "Prosecutors requested the injunction after authorities arrested dozens of Mongol members under a racketeering indictment."
    3. What other purpose would a person have for joining a motorcycle gang than to adopt the trappings if not the reality of fear and intimidation?


    From the article, it doesn't sound like these guys were running a social club.
    That's irrelevant.

    Edit: Likewise if your "club" is the target of a criminal investigation, why wouldn't anything with that insignia be seizable? It is clearly associated with said club.
    The government can't just seize whatever it wants, regardless of whether or not the subject is under investigation.
    "We grow up thinking that beliefs are something to be proud of, but they're really nothing but opinions one refuses to reconsider. Beliefs are easy. The stronger your beliefs are, the less open you are to growth and wisdom, because "strength of belief" is only the intensity with which you resist questioning yourself. As soon as you are proud of a belief, as soon as you think it adds something to who you are, then you've made it a part of your ego."

  10. #10
    Once Was Synarch's Avatar
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    So, if I start a gang that spans several states, Synarch's Synners, and we exhibit a pattern of criminality, which results in indictment for racketeering, our property should not be seized if membership in the gang has been determined as belonging to a criminal conspiracy under RICO?

    Conspiracy law dictates exactly what you see here. If you associate with known criminals, you open yourself up to conspiracy charges.
    "Create like a god, command like a king, work like a slave."

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