Thursday, February 14, 2008

So That's What Happened In That Red Cross Case...

So if you have been popping in occasionally, there are times when I comment on cases which jump out at me. One of them was the case filed by Johnson and Johnson against the American Red Cross for trademark infringement.

Sometimes I see these cases pop up once on the web and then I never see them again. (Alright, part of it is I am too lazy and cheap to pay the PACER costs that would allow me to get extra access to the online dockets. If you want to do that, fine. If you want me to do that, then someone needs to start sending checks. :)).

Anyways, it appears that the Red Cross has prevailed so far in the opening rounds. The case is being heard before Judge Rakoff of the U.S. District Court for the Southern District of New York. Back on November 6, 2007, Judge Rakoff partially granted the Red Cross' motion to dismiss. Although the case was not entirely dismissed, Judge Rakoff dismissed with prejudice Johnson and Johnson's claims of promissory estoppel (which is a large part of the Johnson and Johnson's claim).

What remains of the Johnson and Johnson case is a claim based upon a criminal statue which restricts the use of the Greek Cross in red on a white field (i.e. the Red Cross that is used by Christian aid organizations). Now while I have not actually read this particular statute, others who have posted on this case have indicated that it exempts the American Red Cross, so things are not looking so good for the plaintiffs in this one.

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