Red Cross Asks Court to Dismiss Company’s Trademark-Infringement Case

The American Red Cross has asked a federal court to throw out a lawsuit charging that the charity infringed on a trademark held by the pharmaceutical company Johnson & Johnson.

The court action is the Red Cross’s first legal volley against Johnson & Johnson since the company filed suit in August against the charity.

The company alleges the American Red Cross violated a long-held trademark agreement by selling products such as humidifiers, toothbrushes, and first-aid kits under its own brand.

Johnson & Johnson says it has the exclusive right to use the symbol of a red cross on commercial products.

In its lawsuit, the company asked the court to order the American Red Cross to cease the sale of its licensed first-aid products, turn over the proceeds of past sales of such products, and pay damages.

The Red Cross, which has publicly disputed Johnson & Johnson’s claims, filed a motion last month at the U.S. district court in New York that seeks to dismiss the lawsuit.

The organization says that it has a right through its Congressional charter to sell products to support its charitable mission.

It also says that it has been using the red cross emblem since 1881 — six years before Johnson & Johnson began using it on retail products.

A Counter Lawsuit

The charity did more than defend itself against the charges: It also sued Johnson & Johnson.

The Red Cross alleges that the company has been marketing products bearing the red cross logo that extend beyond the boundaries agreed to by the two organizations.

In addition to selling goods such as first-aid kits and cotton balls — products that are allowed under a longstanding agreement — Johnson & Johnson has been selling products such as light sticks and magnets that bear the red cross symbol, the Red Cross says. Johnson & Johnson’s use of the symbol on such products, the charity says, violates the American Red Cross’s trademark.

“While it’s unfortunate that the issue has reached this point, we have an obligation — on behalf of our chapters, blood-donation operations, and hundreds of thousands of volunteers — to protect the proper use of the Red Cross emblem,” Mark W. Everson, chief executive officer of the charity, said in a statement.

Johnson & Johnson says it plans to continue to pursue its lawsuit and that it would turn over any damages it receives from the lawsuit to charity.

“Our primary goal is simply to restore the long-standing legal boundaries that the ARC and Johnson & Johnson have observed around the red cross trademark for more than 100 years,” the company said in a statement.

Corporate Partnerships

The dispute began after the American Red Cross started working with private companies to sell retail products under its brand and bearing the charity logo.

The charity receives royalty payments for the sale of those products.

The organization has licensing agreements with 10 companies, which produce goods such as radios for use in disasters, hand sanitizers, disposable gloves, and nursing shoes.

Johnson & Johnson says it has the exclusive right to use the red cross logo on retail products.

The American Red Cross, the company says, has the right to use the logo in connection with its charitable mission.