From: harelb@MATH.CORNELL.EDU (Harel Barzilai)
Newsgroups: alt.censorship
Subject: Trademark Denial for Old Glory Condoms
Date: 9 Apr 92 06:29:00 GMT
Organization: misc.activism.progressive on UseNet ; ACTIV-L@UMCVMB


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Topic 610       Old Glory Condoms to Seek Trademark 
rich    misc.activism.progressive        2:40 am  Apr  7, 1992 
(at pencil.cs.missouri.edu)     (From News system) 

From: PENN@MITLNS.MIT.EDU (steve penn 26-567, 253-1521 Remember Our Humanity; Science is Not Neutral; MIT War Research Kills.) 
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Included below is an article from the New Liberation News Service 
(NLNS) Packet 2.7 (supplemental) -- our autoposter is posting one 
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--Harel B. 
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NLNS  Packet 2.7b  -  24 March 1992 
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Old Glory Condoms to Seek Trademark 
Artist Challenges Trademark Denial as Violation of Free Speech 

Center for Constitutional Rights News 

JANUARY 31, 1992--The Old Glory Condom Corporation, which markets  
red, white, and blue condoms and seeks to change Americans' views about  
condoms, patriotism, and AIDS, filed an appeal brief before the Trademark  
Trial and Appeal Board today, arguing that the Trademark Office's refusal  
to register its logo as a trademark violated free speech principles. The  
company's logo consists of a flag-like image in the shape of an unfurled  
condom. The Trademark Office refused to register the trademark on the  
ground that using the image of a U.S. flag to promote condoms "would  
scandalize or shock the conscience of a substantial composite of the general  
public." 
        In the brief, the Old Glory Corp. argues that the Trademark Office  
has singled it out solely because of the political content of the logo. The  
Trademark Office has registered, and therefore not found "scandalous," all  
of the following trademarks for condom products: "DEEP STROKER,"  
"ROUGH RIDER," "BIG DOM," "MAN-TO-MAN," "SEXPLORER,"  
"MISTER HARD HEAD BRAND CONDOMS," "LOVER'S COVERS,"  
"LOVE GASKET," "PLEASER," "TICKLED FANCY," "LOVE KIT,"  
"HIGH EROTIM," "CONDOMINTS," "SNEAKY PETE," and "THE  
SUCCULENTS." The last trademark listed features a graphic logo  
consisting of a musical band made up of a condom lead singer, three  
condom backup singers, and a condom saxophonist. The only reason for  
denying the Old Glory trademark is its political content. 

        The Old Glory Condom Corp. was founded by Jay Critchley,
artist and AIDS activist, after he created an art exhibit on the same
theme during the flag burning controversy in 1989. The exhibit was so
well received that he decided to start a business, and in connection
with the business he applied for a trademark.
        The company is represented by David Cole, a volunteer staff
attorney with the Center for Constitutional Rights, who also
represented the flag- burners before the Supreme Court in 1989 and
1990. The appeal brief argues that this is the first time the
Trademark Office has ever denied a trademark because of objections to
its political content, and maintains that such action violates the
First Amendment.

        Founder Jay Critchley said, "The Trademark Office's decision
is one more example of the government's negligence toward the AIDS
epidemic.  The purpose of this corporation is precisely to link
patriotism with protecting and saving lives. As long as our government
is scandalized by safe sex education efforts, efforts to slow the
spread of the HIV virus will be hampered."

The Center for Constitutional Rights News can be reached at 666 Broadway,  
7th Floor, New York, NY 10012; (212) 614-6464. 
The Old Glory Condom Corporation can be reached at PO Box 819,  
Provincetown, MA 02657; (508) 487-1930. 

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