This Article analyzes and critiques the recent government seizure of a trademark used and registered by the Mongol Nation, an Outlaw Motorcycle Gang (“OMG”) whose members have been indicted of, and whose leader has pleaded guilty to, serious racketeering crimes under the federal Racketeer Influenced and Corrupt Organizations Act (“RICO”) ranging from illegal drug manufacture and sale, to assault, rape, and murder.

After providing an overview of the history and growth of OMGs and their criminal enterprise activities, as well as a discussion of the merchandising activities associated with such activities that are protected by federal trademark law under the Lanham Act, this Article will discuss why the seizure order against the Mongols is constitutionally overbroad when viewed according to First Amendment principles analyzing trademarks as both commercial and non-commercial speech. It will then focus on reasons why seizure of the OMG mark, even if it is deemed a constitutional government action, will nonetheless not ultimately accomplish the goals of either RICO or the Lanham Act.

Finally, this Article will conclude by offering a novel two-part solution to the problem of seizing trademarks from associations engaged in racketeering activities. First, all government injunctions authorizing such seizure should be narrowly tailored to ensure free speech rights of members of such associations as well as all members of the public. Second, Section 2 of the Lanham Act should be amended to prohibit registration of “illegal use” marks, or those used to promote criminal services.