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American Red Cross Defends Use of Emblem and Mission
Date:12/20/2007

J went to Clara Barton and negotiated an agreement (the

"Barton Agreement") that would have permitted J&J to continue to use the

red cross emblem if Congress gave the use of the emblem to the Red Cross

in a charter.

7. The Barton Agreement was effective only if Congress passed a specific

law that would have prohibited J&J from continuing to use a red cross

symbol. Congress did not pass the law, so the agreement never took

effect.

8. Thus, the Barton Agreement was effectively rendered null and void.

J&J admitted this fact in testimony before Congress in 1942 in hearings in

the House of Representatives on the "Protection of the Name and Emblem of

the Red Cross." 77th Cong., 2d Sess. 279-81 (1942).

9. It is noteworthy that although J&J makes reference to the Barton

Agreement in its lawsuit against the Red Cross, J&J did not quote the

limiting language in the complaint, nor did it include a copy of the

Barton Agreement with its other exhibits attached to the complaint. In

fact, there is no claim of ANY breach of the Barton Agreement by the Red

Cross in the lawsuit.

Dispute Over Emblem Based on Profit

10. 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.

11. 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.

12. 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.

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SOURCE American Red Cross
Copyright©2007 PR Newswire.
All rights reserved

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