"Nearly two months after a federal jury
decided that a notorious motorcycle club must forfeit the rights to its
trademarked emblem, a judge on Thursday nullified the verdict, finding
that seizure of the intellectual property was unconstitutional.
In
a 51-page ruling, Federal District Judge David O. Carter said the
government’s strategy of trying to devastate the Mongols motorcycle club
by confiscating its treasured Genghis Khan-style logo would violate the
group’s First Amendment right to free speech and the excessive fines
clause of the Eighth Amendment."
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