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Trademark Timeline // 01.07.08 // max Dykes On Bikes Trademark Application Description of Services and Timeline 2003—July—San Francisco Women’s Motorcycle Contingent becomes aware that a Wisconsin woman is trying to trademark Dykes on Bikes as the name of a clothing company. SFWMC and Brooke Oliver Law Group, P.C. object to this commercial use and file SFWMC trademark application in connection with non-commercial community LGBT pride events. 2003-07-31- SFWMC Dykes on Bikes Trademark application filed 2004-02-09 – Months later, the case file is assigned to an examining attorney for review 2004-02-20 – PTO refuses the application on the ground that the trademark is disparaging to lesbians. 2004-08-23 – Brooke Oliver Law Group submits response to PTO Office Action with evidence about Dykes On Bikes, the word dyke in the LGBT community, and legal argument about correct legal standard to apply 2004-10-28 – PTO refuses the application for the second time, this time making it a final refusal (i.e. refusing the application on the same grounds, namely that the trademark is disparaging to lesbians). 2005-04-28 – Brooke Oliver Law Group and the National Center for Lesbian Rights submit a Request for Reconsideration to the examining attorney, together with more than two dozen expert declarations, and simultaneously submit an appeal to the Trademark Trial and Appeal Board (TTAB) to appeal the refusal if the examining attorney does not reverse her decision. The TTAB suspends the appeal while the PTO considers the Request for Reconsideration. 2005-05-26 – PTO denies the Request for Reconsideration, making its third refusal of the application and claiming, for the first time, that dyke is “vulgar” in addition to disparaging. Despite hundreds of pages of evidence and 26 expert declarations, the PTO said there was little new, and cited a 1913 Webster’s dictionary definition that had been put on the internet by an independent company and an individual’s spanish/english translations of vulgar phrases as evidence for its decision. See documents at www.artemama.com. The application is then sent back to the TTAB to continue the appeal. 2005-06-15 – Law firm Townsend and Townsend and Crew joins the legal team for the appeal. Law firm DLA Piper Rudnick also joins the legal team and prepares to file an amicus brief in support of the appeal. 2005-09-15 – Legal team submits additional evidence (video tape compilation of recent Pride parades in San Francisco and citation to PTO’s own registry for prior marks like “Queer Eye for the Straight Guy” and “Queer as Folk,”) and asks the TTAB to remand the application to the PTO to consider the evidence. 2005-11-02 – TTAB remands the application to the PTO examining attorney to consider the additional evidence. 2005-12-05 – PTO reverses its position that Dykes on Bikes is disparaging and approves the trademark application for publication. This means that it has overcome the government hurdles and, after a brief period for public comment, the trademark will proceed to registration and the trademark will be protected. 2007-7-12 - U.S. Court of Appeals for the Federal Circuit issued a final ruling yesterday affirming the group’s trademark of the name “DYKES ON BIKES.” The Court of Appeals rejected the argument that the name “DYKES ON BIKES” was disparaging to men. Barring Supreme Court intervention, yesterday’s decision removed the last obstacle to registration of the trademark. 2008-1-07 U.S. Supreme Court turned away a challenge from a lawyer who said the term "Dykes on Bikes" denigrated men. : ............................................................................ : Dykes on Bikes Gives the Trademark Office a Linguistics Lesson Reversing its previous decision, the U.S. Patent and Trademark Office has agreed to grant trademark status to 'Dykes on Bikes,' announced lead counsel Brooke Oliver. "Our clients felt quite strongly that the mark should continue to be reserved for non-profit purposes," Oliver said, noting that the group has allowed other non-profit groups across the country to use the name for gay pride events. "No one should be able to profit commercially from years and years of activism.'' Pablo Manga, associate attorney in the firm, explained that "The reversal came after the case was appealed to the Trademark Trial and Appeal Board, which remanded it to the USPTO to reconsider." The firm did over $50,000 in pro bono legal work on the case, and assembled a landmark pro bono team of intellectual property lawyers, scholars, authors and activists that made this victory possible. The collaboration of our firm, NCLR, Townsend Townsend and Crew, and DLA Piper Rudnick showed how effectively committed lawyers can cooperate toward a common goal. "We are proud of the victory, proud to represent the San Francisco Women's Motorcycle Contingent, and very gratified by the cooperation and support of such incredible co-counsel," concluded Oliver. : ............................................................................ : Dykes on Bikes Declarations Declarations submitted in support of brief to the
US Trademark office requesting reconsideration for the Trademark
"Dykes on Bikes." From NCLR all files
: ............................................................................ : Key Documents // 10.18.07 // max Key documents associated with the case are available by clicking on these links, including over two dozen expert declarations submitted before the appeal.
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Press, Blogs and Buzz // 01.08.08 // max The most extensive collection of links regarding the historic Dykes on Bikes® Trademark Lawsuit. U.S. Trademark Serial No. 78281746 2008 U.S. SUPREME COURT REJECTS CHALLENGE TO “DYKES ON BIKES” TRADEMARK Dykes n Bikes' trademark survives Dublin lawyer's challenge 2007 Snafus involving Marines in S.F. and Oakland have critics raving Dykes on Bikes Rule For Dykes on Bikes, A Lot’s Riding on a Name Dykes On Bikes Finally Win Their Rough Trademark Fight Dykes on Bikes opposition fails on appeal Dykes on Bikes = Non-scandalous and Perfectly Moral Dykes
On Bikes Win Suit Over Name Trademark Lesbian
cycling wins fight to keep ‘Dyke’ trademark SF
Lesbian Biker Club To Keep ‘Dykes On Bikes’ Trademark
- Decision Ends Years-Long Battle Man
can’t challenge Dykes on Bikes name Suit
opposing use of ‘Dyke’ left in dust Man
has no legal grounds for objecting to ‘Dykes on Bikes,’
court says Dykes
On Bikes Win Court Case - Roll Over "Disparaged" Man Dykes
on Bikes now have legal protection Dykes On Bikes Suit Tossed Federal Court of Appeal Rules in Favor of Dykes on Bikes in Landmark Trademark Case Proud to Be 'Dykes' Dyke
Drama: A not-so-excellent adventure through U.S. trademark law 2006 Dykes
on Bikes and the Regulation of Vulgarity Dykes
on Bikes Citable
No. 44: TTAB Dismisses "DYKES ON BIKES" Opposition for
Lack of Standing One
Man Cannot Stand in the Way of Those DYKES ON BIKES Homophobic
“Dykes On Bikes” Trademark Opposer Held To Lack Standing The
Right to Own ‘Dyke Dykes
on Bikes Becomes Dykes on Segways? The
“N” WorD 2005 Dykes
on Bikes Trademark Trial and Appeals Board Victory! Dykes
and Bikes Dykes
On Bikes’ Mark Approved Trademark
office OKs 'Dykes on Bikes' Motorcycle group's name on its way to
becoming registered Lesbians
Trademark "Dykes on Bikes" Trademark
office OKs "Dykes on Bikes" Trademark
Office Says Yes to Dykes on Bikes - Brooke Oliver Law Group, National
Center For Lesbian Rights, And Townsend And Townsend And Crew Victorious
In Fight For Lesbian Visibility dykes
on bikes trademark rejected--vulgar! offensive! scandalous!!! Lesbian
bike brigade demands trademark for club name Equal
Opportunity IP Rough
Trademark TTABlog
Predicts TTAB Reversal of "DYKES ON BIKES" Refusal Dykes
on Bikes Trademark
This Part II ( see Trademark
this ) Lesbian
Bikers Denied Trademark Dykes
On Bikes Get Fucked Disparaging
trademarks and the lexicography of tools Trademark
this ( see Trademark
This Part II ) Attorneys
find Dykes on Bikes patently offensive, reject name my
queer dyke cunt Visible
is not Accepted PTO
shows political bias, rejects "Dykes on Bikes" as "offensive" Rejection
of Trademark Application for DYKES ON BIKES Front Page News USPTO
nixes trademark app for "Dykes on Bikes" Trademark
Office Says No to Dykes on Bikes- National Center for Lesbian Rights
and Brooke Oliver Law Group Vow to Keep Fighting for Lesbian Visibility
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