How We Roll

My favorite anti-male hate riot...

Monday, January 7, 2008 (SF Chronicle)
'Dykes on Bikes' trademark survives Dublin lawyer's challenge
Bob Egelko, Chronicle Staff Writer


(01-07) 12:39 PST WASHINGTON - The U.S. Supreme Court turned away a lawyer's challenge today to a San Francisco motorcycle club's trademark of the name "Dykes on Bikes" for the contingent that leads the annual Gay Pride parade.

Michael McDermott, a Dublin attorney, disputed a January 2006 decision by the U.S. Patent and Trademark Office to grant the San Francisco Women's Motorcycle Contingent exclusive legal rights to the name it has used for more than three decades.

The office initially rejected the organization's 2003 trademark application - saying the word "dykes" was disparaging to lesbians - but approved it after considering additional evidence. McDermott said the trademark should have been denied because it was disparaging to men and was "scandalous and immoral."

Without addressing those claims, the U.S. Court of Appeals for the Federal Circuit, which rules on patent and trademark issues, dismissed his case in July, saying he could not show that he would be harmed by the designation.

To have legal standing to oppose a trademark, McDermott needed "a reasonable basis for a belief that he would be damaged by its registration," the court said. "The registration of the proposed mark would have no implications for a man."

The Supreme Court denied review of McDermott's appeal today without comment. Asked about the court's action, McDermott replied with an e-mail describing the motorcycle procession as an "anti-male hate riot" but did not comment on the ruling.

The case is McDermott vs. San Francisco Women's Motorcycle Contingent, 07-7126.