WTR reports
- Members of the Proud Boys group alleged to have taken part in US Capitol attack
- A previous member, and group’s former legal counsel, owns Proud Boys trademark
- Reveals to WTR how mark is used; experts say it could face cancellation in future
Following the attack on the US Capitol in Washington DC on Wednesday, the controversial Proud Boys group has been in the spotlight after allegations that members were involved in the insurrection. Legal experts suggest that, if the group is found to have engaged in illegal activities, the trademark could face cancellation by the USPTO. Talking to WTR, the owner of the Proud Boys registered trademark (and former member of the group) reveals how the rights have been used to stop unauthorised merchandise.
On Wednesday, an angry mob of US President Donald Trump supporters found its way into the US Capitol building, seemingly in an attempt to stop the lawmakers ratifying the Electoral College vote. It was one of the largest security breaches in the country’s history, with armed stand-offs, the ransacking of legislators’ offices, and the death of at least five people, including a police officer.
Following the attack, members of the Proud Boys – a far-right political organisation founded in 2016 – were reported to be celebrating their role in the day’s events, with one claiming: “For several hours, our collective strength had politicians in Washington in absolute terror. The treacherous pawns (cops) were also terrified.” The event was similarly celebrated by the group on the Parler social network. “Doesn’t look like they’re destroying the capital. Looks like they’re liberating it,” the group wrote. “God bless America and all her patriots.”
The events of this week are the latest controversy related to the Proud Boys. In October 2020, leaked law enforcement documents revealed that the group were described by some US agencies as “white supremacists” and “extremists”. In 2019, a flyer from a Californian probation department described the Proud Boys as a “hate group/gang” along with RAM (Rise Above Movement), the Traditionalist Worker’s Party, Hammerskins, and Antifa. Only yesterday, Canada’s New Democratic Party (NDP) called for the Proud Boys to be designated as a terrorist organisation. In a petition, the party urges the Canadian government to ban the Proud Boys “immediately”.
A unique element of the Proud Boys is its adoption of certain brand identities. For example, the Fred Perry brand has been popular among Proud Boys members for some years, with the laurel wreath visible in coverage of their protests and demonstrations (as well as media appearances, such as this interview with Enrique Tarrio, a chair of the group). Fred Perry ended up releasing a statement denouncing the group, saying “it is incredibly frustrating that [they have] appropriated our black/yellow/yellow twin-tipped shirt and subverted our laurel wreath to their own ends”. Weeks later, the Proud Boys appeared to adopt new clothing attire, appearing at a rally in yellow kilts from the brand Verillas (with its designer describing it as a “nightmare scenario”).
Obtaining a mark
In August 2017 – roughly a year after the group was formed – an application was filed at the US Patent and Trademark Office (USPTO) for the term PROUD BOYS. It was filed by the applicant ‘JLVD Holdings LLC’, with the application represented by Texas attorney Jason Lee Van Dyke. At that time, Van Dyke was sergeant-at-arms of the Dallas/Fort Worth chapter of the Proud Boys, and also acted as the group’s legal counsel. The application was filed in international class 35 for ‘association services’, specifically those related to ‘organising chapters of a fraternity and promoting the interests of the members thereof’.
The application was initially refused by the examining attorney, primarily due to unacceptable specimens of use. Specifically, the initial specimens were of logos and a T-shirt, which did not “contain an explicit reference to the services”. In response, new specimens of use were filed by Van Dyke, including a poster (declaring “the west is the best!”) and a script used at Proud Boys meet-ups (called the “stations of the congregation”, revealing how members toast to ‘entrepreneurs, housewives, free speech, and guns’). The amendment appears to have fulfilled the criteria, as the application was subsequently published and – in May 2018 – reached registration.
Talking this week to WTR, solo practitioner Van Dyke – who was suspended from practising law for six months in May 2020 – confirmed that he still owns the trademark, although clarified that he is “no longer a member of the Proud Boys” and is “no longer acting as their legal counsel or attorney in any capacity”.
Looking back to 2017, Van Dyke revealed the origin of the trademark filing occurred during the aftermath of the ‘Unite the Right’ rally in Charlottesville – an event which was organised by Jason Kessler, who at that time claimed to be a member of the Proud Boys, but was disavowed by Proud Boys founder Gavin McInnes.
Read full article
