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  • TUESDAY JULY 17 2007 12:00 PM

Dykes On Bikes Finally Win Their Rough Trademark Fight



When you go to a Gay Pride Parade, you expect to witness certain, almost iconographic sights. Drag queens. Men in leather. Men wearing silver speedos. And of course, lesbians riding motorcycles.

For over 30 years, the San Francisco Gay Pride Parade’s motorcycle-riding lesbian needs have been met by a non-profit organization officially called the San Francisco Women's Motorcycle Contingent, or as they’re much more commonly known, Dykes On Bikes.

In addition to their mission “to support philanthropic endeavors in the lesbian, gay, bisexual, transgender and women's communities and beyond, and reach out to empower a community of diverse women through rides, charity events, Pride events and education,” the SFWMC has been struggling to get “Dykes On Bikes” trademarked.

The SFWMC first filed their trademark application back in 2003, after discovering that a woman in Wisconsin was planning to trademark “Dykes On Bikes” in order to launch a clothing line. Since this would have allowed her to charge all Dykes On Bikes chapters for the right to use the name, the SFWMC wanted to make sure they retained control over the “Dykes On Bikes” name they’d been riding under since 1976.

What Dykes On Bikes and their lawyers assumed would be a quick approval process turned into a four-year legal battle, starting when attorneys for the U.S. Patent and Trademark Office rejected the SFWMC’s application twice on the grounds that the word “dyke” was disparaging to lesbians.

Yes, this is the same US Patent and Trademark Office that approved the apparently inoffensive trademark applications for both “Queer Eye For The Straight Guy” and the “Crippled Old Biker Bastards

The Wisconsin woman who wanted to trademark “Dykes On Bikes” dropped her claim after the first refusal, but now it was a matter of principle for the SFWMC and their supporters. Over the next two years, lawyers for the SFWMC produced a small mountain of examples of the word “dyke” being reclaimed in a positive way by the lesbian community to counteract the claims by the US Patent and Trademark Office, which primarily hinged on citing online dictionaries that defined “dyke” as disparaging or offensive. Finally in December of 2005, the US Patent and Trademark Office changed their minds and approved the application. This started a 30-day period during which members of the public could file legal opposition to the “Dykes On Bikes” trademark if they felt that registration of that trademark would cause them harm.

That’s exactly what happened.

Michael J. McDermott, a man living in San Francisco, filed a formal opposition to Dykes On Bikes being granted a trademark, claiming that the word “dyke” was offensive to men:

”The attempt to have the USPTO act as Political Agent of the Misandry Lobby, by granting approval to their uses of the term "Dyke", so as to provide them with Government Backing for Thought & Speech Policing throughout America....The Endorsement by the Government of a Politically Correct definition and usage of the term "Dyke", and a corresponding disfavor for all other accurate if unflattering usage, is a clear political goal of this Trademark application.... The term "Dyke" has long acknowledged the Misandry of those who choose to wear that title, and the deep obsessive hatred of Men and Male Gender traits that go with it. The attempt to use this Trademark to further the goals of Separatist/Neo Exterminationist Misandrists ... as well as Sadists and Sado-Masochistic Bondage and Flogging Fanatics…is a shameful abuse of the trademark process.”


He also claimed that granting the trademark would be “scandalous and immoral” because it would involve the government endorsing what he claimed were the illegal activities of Dykes On Bikes:

”I am a Male Citizen of the United States and a fourth generation native son of the City of San Francisco. As such, during the annual illegal government supported San Francisco Dyke Hate Riot; I and ALL other Male Citizens are subject to Criminal Attack and Civil Rights Violations committed by "Dykes" taking part in this Anti Male Hate Riot, including attacks often led or inspired by members of "Dykes on Bikes"....”


For those of you who are thinking “Wow, San Francisco actually sponsors an Anti-Male Dyke Hate Riot?”, he’s referring to the San Francisco Dyke March. The “criminal attack and civil rights violation” he mentions involved one time when he was made to move out of a crosswalk during said Dyke March, or as he defined it:

“large numbers of ‘Dykes on Bikes’ [using] THEIR MOTORCYCLES AS OFFENSIVE WEAPONS AGAINST MEN.”


As hilariously out of touch with reality as these objections were, Dykes On Bikes were compelled to once again legally defend their name and trademark, this time in front of the USPTO's Trademark Trial and Appeal Board. It took until September of 2006 for the Board to toss out McDermott’s opposition, but they did get bonus humor points for citing a previous trademark case involving “Black Tail” magazine.

McDermott, acting as his own legal counsel (or “appearing pro se,” which is Latin for “I can’t believe I couldn’t convince a lawyer to take my money”), appealed to the US Court of Appeals for the Federal Circuit who finally on July 11th ruled 3-0 in favor of Dykes On Bikes.

So now, nearly four years after they first applied, a fully trademarked and legally declared non-disparaging to any gender Dykes On Bikes can now rev their engines with pride (and at Pride) without fear of anyone stealing their name for a quick buck.

Oh, and if anyone has a “San Francisco Anti-Male Dyke Hate Riot ‘07” shirt I can borrow, let me know.

 

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Comments
Cash

Cash

USA
OLD SKOOL

JUL 17, 2007 04:15 PM

ThrottleBitch said:
Does this mean I have to pay the SF organization everytime I refer to myself as a Dyke on Bike?



just tell them that when you said it.....you spelled "bike" with a "Y".

Necia

Necia

San Francisco, CA
August 2005

JUL 17, 2007 04:46 PM

Ugh. That McDermott guy is skating dangerously close to being an arbitrary capitalizer. I fucking hate those people. He's definitely an inappropriate capitalizer, if nothing else.

mad

ThrottleBitch

ThrottleBitch

Emeryville, CA
November 2005

JUL 17, 2007 04:57 PM

Cash said:

ThrottleBitch said:
Does this mean I have to pay the SF organization everytime I refer to myself as a Dyke on Bike?



just tell them that when you said it.....you spelled "bike" with a "Y".



I love how you can exploit a loophole.

SockPuppet

SockPuppet

I'm lost
July 2006

JUL 17, 2007 05:07 PM

Necia said:
Ugh. That McDermott guy is skating dangerously close to being an arbitrary capitalizer. I fucking hate those people. He's definitely an inappropriate capitalizer, if nothing else.

mad



+1

thunderbunny

thunderbunny

USA
OLD SKOOL

JUL 17, 2007 05:45 PM

SockPuppet said:

Necia said:
Ugh. That McDermott guy is skating dangerously close to being an arbitrary capitalizer. I fucking hate those people. He's definitely an inappropriate capitalizer, if nothing else.

mad



+1



Don't you mean you "Fucking Hate That?"

tb

d20

d20

San Francisco, CA
September 2003

JUL 17, 2007 06:15 PM

thunderbunny said:

SockPuppet said:

Necia said:
Ugh. That McDermott guy is skating dangerously close to being an arbitrary capitalizer. I fucking hate those people. He's definitely an inappropriate capitalizer, if nothing else.

mad



+1



Don't you mean you "Fucking Hate That?"

tb



oh Don't Even Start.

Admiral_Pants

Admiral_Pants

Austin, TX
May 2004

JUL 17, 2007 06:24 PM

d20 said:

thunderbunny said:

SockPuppet said:

Necia said:
Ugh. That McDermott guy is skating dangerously close to being an arbitrary capitalizer. I fucking hate those people. He's definitely an inappropriate capitalizer, if nothing else.

mad



+1



Don't you mean you "Fucking Hate That?"

tb



oh Don't Even Start.



You're not doing it Right. If you want to be like the Crazies, you've got to save the Capitalization for words or Concepts you feel are Especially Important.

Cash

Cash

USA
OLD SKOOL

JUL 17, 2007 06:32 PM

ThrottleBitch said:

Cash said:

ThrottleBitch said:
Does this mean I have to pay the SF organization everytime I refer to myself as a Dyke on Bike?



just tell them that when you said it.....you spelled "bike" with a "Y".



I love how you can exploit a loophole.



I have a gift...

triskadekafobic

triskadekafobic

Germany
April 2006

JUL 17, 2007 10:35 PM

yourfashionwar said:

chainlink said:

yourfashionwar said:

chainlink said:

PointBlank said:
*Trademarks "Anti Male Hate Riot" for next band*



I'm going with "Neo Exterminationist Misandrists"



i would so wear a shirt that said that.



They'll only be available in tank tops.



muscle shirts, i hope, for maximum dykishness.



with some sort of plaid print

scylis

scylis

USA
November 2004

JUL 18, 2007 01:16 AM

hey, he had to fight back in the only way his spineless, limp-wristed, raisin-dicked ass could: stupid fucking legal bullshit.

because we all know Dykes on Bikes would have curb-stomped his ass if he tried it any other way, like any wholesome biker gang would.

oh, and as far as the shirts, how does "My other ride is your wife" on the back sound?

therisen

therisen

United Kingdom
June 2007

JUL 18, 2007 12:16 PM

It's the **** Van **** show, starring **** Van ****

Thankyou Family Guy wink

DJFriar

DJFriar

Fort Worth, TX
February 2005

JUL 18, 2007 10:29 PM

therisen said:
It's the **** Van **** show, starring **** Van ****

Thankyou Family Guy wink



Between this and the other comments, SG is so the place for hilarious commentary. smile

mydogfarted

mydogfarted

Oakland, NJ
June 2003

JUL 19, 2007 09:32 AM

Crap... what's next? Giving women the right to vote? wink

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