From: rich@pencil.cs.missouri.edu (Rich Winkel)
Subject: Old Glory Condoms to Seek Trademark
Followup-To: alt.activism.d
Originator: daemon@pencil.cs.missouri.edu
Organization: University of Missouri
Date: Tue, 7 Apr 1992 09:40:12 GMT

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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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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