Jan 7, 2008 1:15 pm US/Pacific
Supreme Court Upholds Dykes On Bikes Trademark
WASHINGTON (BCN) ―
The U.S. Supreme Court Monday turned down a Dublin lawyer's challenge to a San Francisco group's trademark right to the
name Dykes on Bikes.
The high court declined to hear an appeal by
attorney Michael McDermott of a ruling by a federal circuit court in Washington D.C.
in July upholding the trademark granted by the U.S. Trademark Office.
The group, also known as the San Francisco
Women's Motorcycle Contingent, won the right to the name in 2004.
The bikers traditionally lead the annual San
Francisco Pride Parade and describe themselves as supporting women
motorcyclists around the world as well as gay rights endeavors.
McDermott, who challenged the trademark as an
individual acting on his own behalf, said today he considers the Dykes on Bikes
name to be "hostile to men."
He argued in his opposition to the trademark
that the name was disparaging to men and immoral.
But the appeals court ruled last year that the
name "would have no implications for a man" and that McDermott hadn't
shown he had a reasonable belief he would be harmed by the trademark grant.
Lawyers for Dykes on Bikes weren't immediately
available for comment Monday, but attorney Brooke Oliver said last year that the
appeals court ruling showed that "asserting pride in being 'Dykes on Bikes'
does not impact others negatively."
Oliver said, "A lone person with a
political objection to women's political speech does not have standing to
object to a trademark."
The high court's refusal to hear the appeal means
the July 11 ruling by the U.S. Court of Appeals in Washington D.C.
is the final decision in the case.
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