Judge won't make Mongols biker gang surrender trademark logo

A California judge delivered a blow to a decade-long effort by federal prosecutors to strip the Mongols motorcycle gang of its trademarked logo, ruling such a move would be unconstitutional.

U.S. District Court Judge David O. Carter in Santa Ana nullified a first-of-its-kind jury verdict that would have given the government control of the logo of a Mongol warrior astride a chopper-style motorcycle and two other trademarks.

Carter says ordering forfeiture of the trademarks would violate the First Amendment rights to freedom of association and Eighth Amendment protections against excessive penalties.

Carter wrote "the collective membership mark acts as a symbol that communicates a person's association with the Mongol Nation, and his or her support for their views. Though the symbol may at times function as a mouthpiece for unlawful or violent behavior, this isn’t sufficient to strip speech of its First Amendment protection."

Mongols' attorney Joe Yanny says the ruling was a big deal for the bikers and he criticized prosecutors for wasting millions of dollars chasing "an impossible dream by some government guy who had no respect for the constitutional rights he might be trampling."

U.S. attorney spokesman Thom Mrozek says prosecutors were disappointed with the ruling and may appeal.