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Old Glory Condom Company Fights for Trademark

November 27, 1991

PROVINCETOWN, Mass. (AP) _ The Old Glory Condom Corp. plans to fight the U.S. Trademark Office’s refusal to grant the firm a trademark for its name and logo, the firm’s owner said Wednesday.

″We’re going to take it all the way to the Supreme Court if we have to,″ said company founder Jay Critchley.

The federal agency refused to register the trademark in the spring, saying the use of a logo featuring a flag shaped like an unfurled condom would ″scandalize or shock the conscience of a substantial composite of the general public.″

The Center for Constitutional Rights, which represented flag burners in recent Supreme Court cases, will represent Critchley.

Critchley’s year-old company sells condoms in solid red, white and blue colors, and also sells T-shirts that have pockets in the sleeves for condoms. The T-shirts bear the slogan ″worn with pride nationwide.″

Critchley’s company does mostly mail order business.

David Cole, an attorney who will represent Critchley, noted that the Supreme Court has ruled that flag burning is protected under the U.S. Constitution.

″The flag belongs to all U.S. citizens and it is not the Trademark Office’s province to deny registration to those who seek to use it in ways that offend government officials,″ Cole said.

″We wouldn’t have any comment to make,″ said Oscar Mastin, a spokesman for the Trademark Office.

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