American Red Cross sued over emblem by J&J

13 Aug, 2007

After more than a century of sharing the same emblem, a red cross on a white field, Johnson & Johnson (J&J) has sued the American Red Cross (ARC) for using its trademark for other than non-profit purposes.
The pharmaceutical giant said in a statement it was "very disappointed" at the ARC's campaign to license the trademark "to several businesses for commercial purposes on all types of products being sold."
J&J said that by marketing products such as baby mitts, nail clippers, combs, toothbrushes and humidifiers, the ARC was violating a long-standing agreement that J&J's would use its trademark on commercial products while ARC would use it in connection with its non-profit relief services.
"This action is in direct violation of a Federal statute protecting the mark as well as in violation of our longstanding trademark rights," J&J said.
The ARC, on its part, said in a statement it was surprised by J&J's legal action since it has been selling first aid kits since 1903, the profits of which "is reinvested in its humanitarian programs and services."
"For a multi-billion dollar drug company to claim that the Red Cross violated a criminal statute that was created to protect the humanitarian mission of the Red Cross - simply so that J&J can make more money - is obscene," said ARC President Mark Everson. The ARC said that last year it received "only two million dollars in revenue from the sale of its products," while J&J "received 52.3 billion in annual revenue."

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