'DYKES ON BIKES' will be protected under trademark

Jul 12, 2007 23:23

FROM TODAY'S NCLR NEWSLETTER:

San Francisco, CA - July 12, 2007
NCLR is thrilled to announce that we have helped to secure a historic victory on behalf of the San Francisco Women's Motorcycle Contingent.

Yesterday, the U.S. Court of Appeals for the Federal Circuit issued a final ruling affirming the group's trademark of the name "DYKES ON BIKES."

"After a three year court battle, we are thrilled 'DYKES ON BIKES' will be protected under trademark and recognized as a celebration of our identity," said Vick Germany, the group's president. Soni Wolf, the group's secretary said, "This is a great victory for dyke pride and visibility -- not just for our group, but for lesbians across the country who value 'DYKES ON BIKES' as an affirmation of lesbian strength and resilience."

The Trademark Office initially rejected the group's application for a trademark in 2004, on the ground that the name "DYKES ON BIKES" is allegedly disparaging to lesbians. In response, Brooke Oliver and the National Center for Lesbian Rights submitted more than two dozen expert declarations from scholars, linguists, psychologists, and activists showing how the word "dyke" has evolved to become a positive term and that lesbians view "DYKES ON BIKES" as a symbol of pride and empowerment.

In a decision issued December 6, 2004, the Trademark Office reversed itself and granted the application.

In February, 2006, an individual filed an opposition to the trademark, alleging the name "DYKES ON BIKES" was disparaging to men, as well as accusing group members of misconduct toward men. In its decision yesterday, the Court of Appeal dismissed the opposition, holding that the name "DYKES ON BIKES" has no negative "implications for a man."

The San Francisco Women's Motorcycle Contingent was represented pro-bono by Brooke Oliver and Pablo Manga of Oliver-Sabec, P.C., Gregory Gilchrist, Gia Cincone, and Raquel Pacheco of Townsend and Townsend and Crew LLP, and the National Center for Lesbian Rights.

http://www.nclrights.org
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