The American Red Cross could have at least served coffee and donuts this week to the legal team of Johnson & Johnson: a court all but vanquished the claims of the company that the Red Cross had violated its trademarked use of the iconic red cross on white background. Judge Jed Rakoff of the United States district court said that Congress gave the charity the right to use the Greek cross and that it could therefore sell the right to use it to competitors.
The company argued that the Red Cross was only allowed to use the Greek red cross under an agreement in 1895 for purely charity purposes. But in 2004, the charity began licensing the symbol to other companies for use on their commercial products.
Yet, Rakoff cited the congressional charter for the Red Cross and added: “The fact that the ultimate purpose of these licensing activities is a ‘charitable purpose’ — i.e. to raise funds that A.R.C., a not-for-profit organization, can utilize for its charitable endeavors — only further emphasizes their legitimacy.”
For a copy of the opinion, click here.
For the full story, click here.
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I don’t remember Johnson and Johnson complaining about the Red Cross on my credentials as a corpsman !!!
Proctor and Gamble was able to sucessfully use a satanic symbol on its products for decades. I can’t see the problem here unless Johnson and Johnson is run by a secret board called the scion of crusaders (in which case something must be done!).