Johnson & Johnson Statement on Civil Complaint Against The American National Red Cross and Commercial Licensees
NEW YORK--(BUSINESS WIRE)--Johnson & Johnson has great respect for the relief work of the American Red Cross (ARC) and over the decades has consistently supported the organization through cash donations, product donations and employee volunteering. The Company remains committed to supporting their mission through its philanthropic efforts.
Both Johnson & Johnson and the American Red Cross have long-held separate and distinct rights to the use of the Red Cross Design trademark.
Johnson & Johnson began using the Red Cross design and “Red Cross” word trademarks in 1887, predating the formation of the American Red Cross. The Company has had exclusive rights to use the Red Cross trademark on commercial products within its longstanding product categories for over 100 years. Since its creation, the American Red Cross has at all times possessed only the rights to use the Red Cross trademark in connection with its non-profit relief services.
After more than a century of strong cooperation in the use of the Red Cross trademark, with both organizations respecting the legal boundaries for each others’ unique legal rights, we were very disappointed to find that the American Red Cross started a campaign to license the trademark to several businesses for commercial purposes on all types of products being sold in many different retail and other commercial outlets. These products include baby mitts, nail clippers, combs, toothbrushes and humidifiers. This action is in direct violation of a Federal statute protecting the mark as well as in violation of our longstanding trademark rights.
For the past several months, Johnson & Johnson has attempted to resolve this issue through cooperation and discussion with the ARC, and recently offered mediation, to no avail. The Company was left with no choice but to seek protection of our trademark rights through the courts.
On Wednesday, August 8th, 2007, a civil complaint was filed in the United States District Court, Southern District of New York by JOHNSON & JOHNSON and JOHNSON & JOHNSON CONSUMER COMPANIES, INC against THE AMERICAN NATIONAL RED CROSS and its commercial licensees, LEARNING CURVE INTERNATIONAL, INC., MAGLA PRODUCTS, LLC, WATER-JEL TECHNOLOGIES, INC., and FIRST AID ONLY, INC.
The goal of this civil complaint is to restore the long-held legal boundaries surrounding the use of the Red Cross trademark.