Homophobic “Dykes On Bikes” Trademark Opposer Held To Lack Standing Because He Pees Standing
Michael J. McDermott, who describes himself as "a Male Citizen of the United States and a fourth generation native son of the City of San Francisco," filed an opposition to a trademark application filed by the San Francisco Women's Motorcycle Contingent for the phrase "Dykes on Bikes." He alleged, in pertinent part:
...[M]y opposition falls in to[sic] two broad categories, reflecting the dual nature of the Harm from pandering to such "Dykes", whether on motorcycles or not.
1. The Ongoing Criminal and Civil Rights Violations committed by "Dykes on Bikes" and All Dykes who participate in the annual illegal Anti Male hate riot/takeover of public lands culminating in the illegal "San Francisco Dyke March";
2. 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 such as "Dykes on Bikes" leader Vic Germany, is a shameful abuse of the trademark process.
Happily, he failed in his efforts to leverage homophobia to derail the trademark registration process. Humorously enough, he was found to lack standing to oppose the mark under Section 2(a) of the Lanham Act in part due to the fact that he himself is not a lesbian. On September 13th the TTAB ruled:
Opposer has failed to allege that he possesses a trait or characteristic that is inherently implicated by applicant's applied-for mark -- that is, that he is a "lesbian" or "dyke." Rather, as opposer alleges in the beginning of his notice of opposition, "I am a Male Citizen of the United States and a fourth-generation native son of the City of San Francisco." Applicant’s mark is therefore only subjectively offensive to opposer. Thus, ... the opposer in this case must resort to the second method for demonstrating the reasonableness of his belief of damage. In this regard, opposer has failed to make a sufficient leading. ...
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