May 15, 2008
Judge Rejects Company's Challenge to Red Cross Logo
By Peter Panepento
A federal judge in New York has rejected an effort by Johnson & Johnson to prevent the American Red Cross from using the charity’s logo on retail products.
U.S. District Court Judge Jed S. Rakoff, in a ruling this week, said the American Red Cross has the right to use its red-and-white logo on retail products that are sold to help raise money for its mission-related operations.
Johnson & Johnson had filed its suit in August, claiming the Red Cross violated a long-held trademark by selling products such as humidifiers, toothbrushes, and combs under its own brand.
The company said it has the exclusive right to use the Red Cross symbol on commercial products. In the lawsuit, Johnson & Johnson ordered the American Red Cross to destroy all of its licensed first-aid products, turn over the proceeds of its past sales of such products, and pay damages and court costs.
The Red Cross — like many large charities — works with private companies to sell retail products under its brand and receives royalty payments for the sale of those products. The organization has licensing agreements with several companies, which produce disaster radios, hand sanitizers, disposable gloves, nursing shoes, and other items that bear the Red Cross logo.
Johnson & Johnson, however, claimed the Red Cross violated the company’s trademark by using the logo on these items.
The Red Cross argued it began using that emblem in 1881 — six years before Johnson & Johnson started using it on commercial products.
“We have said from the beginning that Johnson & Johnson’s lawsuit is meritless, and we are gratified by Judge Rakoff’s ruling in our favor,” Mary S. Elcano, the Red Cross’s acting president, said in a written statement. “We hope J&J will work with us to bring this dispute to a prompt end so we can focus on what’s important: delivering lifesaving Red Cross services to the American people.”
The Red Cross said there are still some outstanding claims related to the dispute. None of those claims question the charity’s ability to use its logo on commercial products.
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Whoever at Johnson and Johnson dreamed up this predatory greedy lawsuit to try and steal the American Red Cross logo should be fired from the J&J corporation without a moment to lose for one of the biggest public relations blunders of all time and for squandering the company’s good will and for forever tarnishing the J&J brand and image.
— Gordon Johnson May 25, 11:29 PM #
This legal action by J & J further demonstrates the degradation of the Company and its CREDO since I worked there. It is a shame to see this once, fine company continue to spiral downward. LONG LIVE THE FORMER, REAL CREDO!
— John Brant May 27, 03:16 PM #