Bloomberg BNA’s Patent Trademark & Copyright Law Daily™is the IP industry’s premier news service, offering objective, timely,and reliable daily news coverage and commentary from leading IP law...
Aug. 29 — Federal prosecutors in Michigan are backing off efforts to seize a trademark registration held by the Devils Diciples biker club, according to Aug. 29 filings in the U.S. District Court for the Eastern District of Michigan ( United States v. Sutherland, E.D. Mich., No. 11-20129, notice of dismissal and application for entry of amendment, 8/29/16 ).
A racketeering prosecution against dozens of members of the Devils Diciples in Michigan originally included a federal trademark registration among the property to be seized in connection with criminal charges.Source Material:
United States v. Sutherland
Application of Entry of Amendment: Aug. 29, 2016
Notice of Dismissal: Aug. 29, 2016
However, Assistant U.S. Attorney Linda Aouate of Detroit told Bloomberg BNA that the government has decided to exclude the registration from the list of forfeiture items because the actual owner of the registration is not one of the biker club members under indictment.
Devils Diciples' lawyer Fritz Clapp of Pomona, California, told Bloomberg BNA that he intended to try to persuade the Department of Justice to amend its asset forfeiture guidelines to clarify that it's futile to try to seize trademark registrations in cases like this one.
“These filings don't reflect any position on the futility argument and that's one of the reasons I was going to continue to press forward to get that into the policy manual,” Clapp said.
The Devils Diciples case raised issues of trademark law similar to those raised in a California criminal case against the Mongols motorcycle club, where prosecutors have similarly sought to seize trademark registrations (151 PTD, 8/5/16).
To contact the reporter on this story: Anandashankar Mazumdar in Washington at email@example.com
To contact the editor responsible for this story: Mike Wilczek at firstname.lastname@example.org
Copyright © 2016 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to email@example.com.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to firstname.lastname@example.org.
Put me on standing order
Notify me when new releases are available (no standing order will be created)