Home -> Law Blog Directory -> Law Students Blogs -> The Present Tense

Law Students

: The Present Tense

Dykes on Bikes Ride to Victory

So I'm about to break some new ground here on the Present tense, that's right, I'm going to write about law! Yes, I've spent a good 7 hours already reading evidence law, but now it's time for some Trademark law.

Today, the Federal Circuit dismissed a garbage suit by Michael McDermott that the name of a group of biker-lesbians "Dykes on Bikes" is offensive to men. The group is mostly known for its lead in the San Francisco Gay Pride Parade every year.

There's a good recap in the Chronicle here. McDermott tried to contend that the name is "disparaging to men and is scandalous and immoral." For those not in the know, that's one ground to try to invalidate a trademark. According to the Chronicle, McDermott "said he and all men are subject to criminal attacks and civil right violations during the [Annual Dyke] march, and said the word dyke is associated with a 'deep obsessive hatred of men and the male gender.'"

Last I checked, the word dyke is only offensive to homosexual women, and considering the group was granted a trademark after a 2 year battle over whether the term was offensive to women, it's shocking that the case actually made it to the Federal Circuit on this issue.

The glaring irony of course is that the term dyke is probably still an offensive term to many lesbians when said in a certain context. But it's pretty cool how this group has basically taken back the word, and spun it into a more positive thing, sort of how the LGBT community took back the word queer. Congrats to the Dykes on Bikes.

So, as a certain friend of mine would spin this, what does this mean, if anything for the Washington Redskins? Probably nothing since the cases aren't really related at all.

Full post as published by The Present Tense on July 13, 2007 (boomark / email).