San Jose Mercury News - U.S. Supreme Court upholds San Francisco group's Dykes on Bikes trademark
San Jose Mercury News - U.S. Supreme Court upholds San Francisco group's Dykes on Bikes trademark:
U.S. Supreme Court upholds San Francisco group's Dykes on Bikes trademark
Bay City News Service
Article Launched: 01/07/2008 12:48:19 PM PST
The U.S. Supreme Court today 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 today, 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."
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