Biker plea deals
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Enlarge Image. Reginald Chance at a Manhattan court on Tuesday. John M.
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Over the years, the trademark part of the case has been punctuated by conflicting interpretations of intellectual property law, judges overruling their own orders and confusion over who even owns the rights to the logo. In response, some members defiantly flaunted the marks while others wore alternative Mongols logos.
In , Ramon Rivera, a Mongols member who had not been charged with a crime, filed a lawsuit with the help of the American Civil Liberties Union. Rivera argued that his First Amendment and due process rights had been violated by the order, and asked that law enforcement authorities be blocked from confiscating his property.
In , another federal judge, Otis Wright, preliminarily forfeited the logo to the government after the lead defendant and former club president, Ruben Cavazos, reached a plea deal with prosecutors.
Biker takes plea deal, to get 2 years in prison for role in gang beating
But the Mongols argued that the club, not Mr. Cavazos, owned the rights to the images. In a somewhat similar case in Michigan, prosecutors withdrew their bid for the Devils Diciples trademark after six members were convicted at trial for firearms offenses, drug trafficking, illegal gambling and other crimes. The individual who owned the trademark, prosecutors had discovered, was not among the defendants. In a letter to one of the prosecutors, Fritz Clapp, a lawyer for the Diciples, said that if the government gained ownership of the trademark, it would face a quandary because owners must periodically demonstrate that the mark is still in active use for the purpose registered.
Clapp wrote. But in Los Angeles, prosecutors did not give up.