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McDermott v. San Francisco Women’s Motorcycle Contingent
Trademark Trial and Appeal Board
81 U.S.P.Q.2d 1212 (2006)
The San Francisco Women’s Motorcycle Contingent (Contingent) (defendant) applied for registration of the mark “DYKES ON BIKES” to be used in connection with the Contingent’s events and activities. Michael J. McDermott (plaintiff) filed a notice of opposition against the Contingent’s application. McDermott claimed that the Contingent’s participation in anti-male hate riots and activities while using this mark was a violation of his civil rights. Therefore, McDermott argued, the government could not grant the mark’s registration, as this action would promote civil-rights violations. Contingent then filed a motion to dismiss for failure to state a claim and for McDermott’s lack of standing to file this opposition with the Trademark Trial and Appeal Board (TTAB).
Rule of Law
Holding and Reasoning
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