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American Red Cross Defends Use of Emblem and Mission

>13. 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


14. 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.

Red Cross Disputes J&J's Claims in Lawsuit

15. J&J's first claim is for "Contractual and Equitable Estoppel." This

claim does not mention any breach of any contract, and does not mention at

all the Barton Agreement. It merely claims that the Red Cross made

certain historical statements that it "would not enter into such

commercial licenses" regarding the sale of certain Red Cross products that

J&J relied upon to its detriment.

16. J&J's second claim is for "Violation of 18 U.S.C. Section 706." J&J

alleges that the Red Cross and its licensing partners are somehow

violating this statute. What J&J's lawsuit fails to recognize is that this

criminal statute originally was passed by Congress as a shield to protect

the Red Cross from other companies that fraudulently infringe upon the

right of ARC to use the red cross emblem. At no time has any federal

agency, including the Department of Justice, ever claimed that the Red

Cross was in violation of the use of its red cross emblem that Congress

gave to it more than 102 years ago. Now J&J is attempting to use this

criminal statute as a sword against the Red Cross.

17. J&J's third and final claim is for a claim that does not even involve

the Red Cross. It is for a separate issue against one of the Red

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

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