Why would Johnson and Johnson sue the American Red Cross?

Question

JnJ Sues American Red Cross
Current mood: enraged
Category: News and Politics


I want to call a National Boycott of Johnson and Johnson products!!!

JnJ has decided to sue the American Red Cross over use of the Greek cross. JnJ filed a lawsuit against the American Red Cross and four of its licensing partners for "unlawful conduct" related to the nonprofit's use of the Red Cross emblem. What a shame that a multi billion dollar corporation wants to bully a charitable organization that helps Americans and people all over the world in times of need. I cannot fit everything I want to say here read my blog at: http://blog.myspace.com/index.cfm?fuseaction=blog.ListAll&friendID=43297455

Answer 1

The Red Cross is using the Johnson and Johnson logo to sell products. J&J gave the Red Cross permission to only use the logo for advertising its disaster and community health programs, not to use it for profit-generating operations. I'm with J&J!

Answer 2

No they should not drop the lawsuit. J&J filed a trademark on the red cross symbol in the late 1800's and they graciously allowed the American Red Cross to use it without compensation for many years; until the AMR started selling the red cross symbol to others to make money. It is a simple case of trademark infringement and the AMR should not be using the red cross symbol in the manner they are using it.

Answer 3

You might want to research this a bit more before you blog on it. This is an unfortunate side effect of American copyright law. If a company fails to defend its trademark or copyright, than it is presumed to have passed into the public domain, and the company no longer controls it. That's why you so often hear about giant corporations going after little mom and pop shops, or stories like this one. If Johnson and Johnson let's the Red Cross slide, then any corporation can start using their logo. In cases like this they usually work something out that doens't involve money.

Answer 4

The Red Cross began using the red cross emblem in 1881, six years before Johnson & Johnson (J&J) began using the emblem in 1887.
J&J obtained a trademark registration in 1887, but did not object to the Red Cross use of the emblem at that time.
The Red Cross was first chartered by Congress in 1900, and that charter was amended in 1905. The 1905 amendment gave the Red Cross the use of the emblem, and specifically stated that “in carrying out its purposes under this [charter], [the Red Cross] may have the use, as an emblem and badge, a Greek red cross on a white ground…” The Charter grants the Red Cross “to conduct other activities consistent with” its Charter purposes.
In the 1905 Charter amendment, Congress intended the Red Cross to have the exclusive use of the emblem, and this was confirmed by the U.S. Patent and Trademark Office (PTO) when they specifically reserved an application serial number for the Red Cross to register its Emblem in EVERY class of goods and services without limitation.
J&J was concerned that it would lose its right to use the emblem on its products, so it lobbied congress to allow it to continue, or “grandfather” its use of the red cross symbol. Congress passed a law making it a crime for third parties other than the Red Cross to use a red cross symbol fraudulently but also permitted J&J and the dozens of other companies to continue to use the red cross emblem for only those products used by those companies as of that time. Congress made this a criminal statute specifically to protect the Red Cross from unauthorized users of the emblem.

The Red Cross has been selling first aid kits commercially in the United States since 1903. Until now, J&J has never challenged this activity. Thus, for over 100 years, J&J and the Red Cross enjoyed their concurrent right to use the red cross emblem in commerce.
In fact, over the past century, J&J and the Red Cross have joined in lawsuits against infringers of the right of the Red Cross and J&J to use the red cross emblem.
In 2003, J&J began to complain to the Red Cross about licensing third parties to sell Red Cross first aid kits in retail stores. Red Cross tried to partner with J&J on preparedness and on this issue, but these conversations never led to an agreement.
J&J then began telling retail stores that carried Red Cross products that there was “an existing trademark dispute” between J&J and the Red Cross.
During the past several years, on several occasions, J&J has tried to convince the Red Cross to limit its use of the red cross emblem on licensed products in retail stores. Only within the past three weeks has it become apparent to the Red Cross that J&J was possibly doing more than saber-rattling. Since that time, the Red Cross has been working carefully, analyzing its legal position and weighing options

And for me as swiss citicen
The RED CROSS is a SWISS trademark.

J&J can be happy when they did not loss everything