McDermott v. San Francisco Women's Motorcycle Contingent
Trademark Trial and Appeal Board
81 U.S.P.Q.2d 1212 (2006)
Relevant factsFree
The San Francisco Women's Motorcycle Contingent (Contingent) (defendant) applied to register the mark "DYKES ON BIKES." Michael McDermott (plaintiff) filed a notice of opposition, claiming the Contingent's participation in "anti-male hate riots" while using the mark violated his civil rights and that the government could not lawfully register a mark that would promote such violations. The Contingent moved to dismiss for failure to state a claim and lack of standing.
IssueFree
Whether an opposer must have a reasonably founded belief that he would be damaged by registration of a trademark to have standing to challenge the mark.