Comments on: Can The Federal Government Tell me what I Can or Cannot Wear? Can The Federal Government Seize a Motorcycle Clubs Trademarked or Copyrighted Patch? An Ominous Trend in Our Nations History!

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Tue, 08 Sep 2009 04:16:36 +0000

Well Anthony as I predicted in the first lawsuit regarding this case, the judge granted a restraining order enjoining the government from taking, confiscating, or preventing one member of the club any patches or insignia, who was not charged in the Rico action.

I suspect the same will happen for all other non charged individuals.

What can we do? Hire attorney's to protect your constitutional rights.

I predicted the outcome of the case as you can tell form my article, however, there is a long way to go.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sun, 07 Jun 2009 08:37:05 +0000

Thanks for your kind words about the blog!

In the United States, legal justification depends on the situation. In most cases law enforcement has seized club property as evidence of membership in an allegedly criminal organization under Rico or for purposes of gang enhancements to State Sentences.

In the case of the club I mentioned in this article, "Intellectual Property" (club logo which was Trademarked) was seized by the government under civil forfeiture laws. We will see how it pans out, but I do think that this particular situation violates the First Amendment to the US Constitution. (Free Speech)

With respect to Australia, I cannot offer much insight. I do read about what is going on there but I do not know the laws there. Maybe an Australia attorney will chime in.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Tue, 20 Jan 2009 05:40:29 +0000

Based upon what has happened to the Elmers in my hypothetical anything is possible am I not correct. Notwithstanding that fact, I think that which has happened to the Elmers will not stand up in Court or on appeal.

We will see.

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Fri, 28 Nov 2008 23:55:09 +0000

Thanks for your comments Swilly,

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sat, 22 Nov 2008 19:56:16 +0000

Well Ajlouny I see that you are posting from a New York P.I. Firm. If you are an attorney, you above all people should know that everyone in this country has rights pursuant to the United States Constitution. You are presumed to be innocent until proven guilty; you have the right to a jury trial; you have the right to an attorney if you cannot afford one; you have the right to freedom of association; you have the right to freedom of speech, etc.

If you are charged with a crime or accused of a crime, you do not lose all of your rights, you have many rights. Even if you are convicted of a crime you have rights.

The government should not be telling a person "not in jail" what they can and cannot wear. That is a violation of our freedom of speech rights.

I believe in law and order as well. The way it is going, we are moving towards a police state. Who wants to live in a police state?

Will the government take away a shirt that I am wearing if they don't like it?

Come on, open your eyes!

Norm

By: Dui Lawyers

Dui Lawyers — Tue, 11 Nov 2008 14:58:19 +0000

yeah i agree with Norman.

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sun, 09 Nov 2008 16:20:19 +0000

Well if the government could do that then this would no longer be America. The government could trademark everything!

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Tue, 28 Oct 2008 23:01:29 +0000

Joe,

First off who is talking about a Gang? I wrote about a motorcycle club. Secondly, why would you want to wear a club patch unless you were in the club?

The 1st Amendment of the United States Constitution has to do with the government restricting free speech.

Anyway.....

Norm

By: Norman Gregory Fernandez

Norman Gregory Fernandez — Sun, 26 Oct 2008 21:47:08 +0000

Thanks for your comments Ref. Free America is right. God help those who are accused of a crime, they will seize their property before proving guilt. God help those who wear something the government does not like, they will seize the clothes off of their backs.

We are in a real ominous part of American history right now. It could go either way. Yes we need to fight terrorism and those who would usurp the United States Constitution both abroad and here. However, are we willing to give up what we so cherish as Americans in doing so.

This really is a somewhat political issue. There is a certain political party that claims they are conservative and for less government, yet every chance they get, they want to enact laws that take away our freedoms and grow the government in the process. We Americans are the suckers for letting it happen.

I say use the power of the vote, and the power for us to lobby our leaders to get the change we need.

In the end Ref, it could go either way here!

Norm
God Bless America; we may eventually lose her if we allow our freedoms to continue to be taken from us one by one!

By: Anonymous

Anonymous — Tue, 30 Nov -0001 00:00:00 +0000

I Agree. “If you take a little at a time, eventually the people won’t notice.” I don’t know where I heard this phrase, but seems real.

By: Anthony F.

Anthony F. — Tue, 30 Nov -0001 00:00:00 +0000

What can be done, outside of this club's lawsuit, to stop or prevent this kind of boundary overstepping by LE.

What if they get Girls Gone Wild under RICO, are the police going to, ironically, ask girls to take their tops off right there?

What about Microsoft? Should they worry about their next round of Monopoly charges?

What real power do we have to stop them? Write a letter? Again, what can we REALLY do?

- Anthony.

By: Izzy Wildheart

Izzy Wildheart — Tue, 30 Nov -0001 00:00:00 +0000

Regarding this case, I see you suggest not copyrighting a patch, on a purely academic level, surely if a patch was NOT copyrighted then the police or government could then buy their own copyright for the said patch and do what they liked with it, thereby ending up at square 1?
Great site, keep the information coming!!

L/R
Izzy Wildheart

By: Sandie [Member]

Sandie [Member] — Tue, 30 Nov -0001 00:00:00 +0000

We are in danger of losing more rights. People vote and think before you vote this year. We could very well be under socialism after this election. One candidate for President is a stark reminder of when Peron took over Argentina. People are buying guns at a record breaking pace in the State of Florida. Talk radio may not even be allowed after this Presidential election and that is hitting at the First Amendment. Now patches from motorcycle clubs………sounds like select groups are being targeted. Great article Norm.

By: Joe Lederhouse

Joe Lederhouse — Tue, 30 Nov -0001 00:00:00 +0000

motorcycle gang colors are not covered under the first amendment.I can not wear their colors because I am not a member and they will not let me.If anyone could wear them then the government could not stop anyone from wearing them.Only members can wear them and that is why it is not free speech.

By: Ajlouny

Ajlouny — Tue, 30 Nov -0001 00:00:00 +0000

Well, I have mixed feelings about this issue. I think that you lose all rights in this country when you break the law. If you have gains from illegal activity, then it’s makes sense to me when it’s taken away. On the other hand, do I really want the government that much into my life and property?