November 07, 2007
Red Cross Wins Partial Victory in Trademark Case, But Legal Challenge Continues
By Suzanne Perry
A federal judge has dismissed one of the eight claims that pharmaceutical company Johnson & Johnson filed against the American Red Cross in a trademark dispute, but agreed to allow the others to go forward.
The Red Cross said the judge, who issued an order late Monday, had dismissed an “important part” of the case. It urged the corporation to withdraw its lawsuit over use of the red cross emblem.
“I appreciate the court’s decision and hope that Johnson & Johnson will reassess their actions and drop the case altogether,” Mark W. Everson, president of the Red Cross, said in a statement.
However, Johnson & Johnson indicated it had no plans to do that, saying it was pleased that the judge denied most of the Red Cross’s motion. “The decision clears the way for Johnson & Johnson to proceed with seven of the eight claims that were originally alleged, allowing the case to move forward as planned,” it said in a statement.
U.S. District Judge Jed S. Rakoff, of the Southern District of New York, dismissed Johnson & Johnson’s claim that the Red Cross had at one time promised not to sell first-aid, health, safety, and emergency-preparedness products.
Johnson & Johnson filed the lawsuit in August, charging that the charity violated long-held trademark arrangements by licensing third parties to sell products such as humidifiers, toothbrushes, and first-aid kits under its own brand. The company, which also uses the red cross emblem on items such as first-aid kits and wound-care products, says it has had the exclusive right to use the symbol on commercial products for more than 100 years.
The Red Cross filed a motion to dismiss the suit in September, saying it has a right through its Congressional charter to sell products to support its charitable mission. It also argued it had been usimg the red cross emblem since 1881 — six years before Johnson & Johnson started using it on retail products.
The court will hear the remaning claims early next year, the Red Cross said.
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