[sam]

Doesn't the use of the red cross symbol actually date back to Henry Dunant's organization founded in 1859? Johnson and Johnson is an international corporation now, is it not? Do they have a deal with the IRC, whose claim certainly predates either the ARC or Johnson and Johnson? In fact, did the American Red Cross really have the right to negotiate the use of the symbol of the IRC, and is it really possible for a company to claim as an official trademark a symbol used by another entity prior to that company beginning to use the symbol?

[imawlBoli]

Originally posted by Kuciwalker
J&J's claim is probably only in the US, where only US trademarks matter. J&J's products bear the same symbol when marketed in other countries.

J&J incorporated in 1887. Clara Barton's ARC established a relationship with the IRC in 1881. Clearly the ARC had a prior claim on the use of the symbol, thought the IRC's claim predates the ARC's claim. At the time when J&J began using the symbol they really hadn't the slightest legal defence for doing so other than the fact that the US legal system in the 1880s would have heavily favored the claim of a profit making company. Did the ARC clear their transaction with J&J with the IRC? Did their relationship with the IRC give them the right to dispose of the international entity's symbol? Did J&J pay the ARC for the use of its symbol or did it use the legal system to coerce the not for profit company into surrendering the right to what was legally its own property, or did the ARC give this right to J&j out of the goodness of its heart?

[orapope]

Originally posted by Dr Strangelove
J&J's products bear the same symbol when marketed in other countries. Yes, but the claim is probably only in the US.

[Xutrsavf]

'Cause then any company can start to use it since the trademark ceases to exist. Suddenly all sorts of companies are using the red cross and J&J can't do a damn thing about it because it failed to protect its trademark. No, it means that the trademark becomes the exclusive domain of the American Red Cross, where it belongs.

Just because J and J were too lazy to come up with their own design, doesn't mean they should be hassled by those with a prior claim, just because they are non-profit.

[Esmeralfaf]

If the ARC leased the rights to J and J, then the ARC is permitted to lease the rights to others. Does J and J have an exclusivity contract?

Yes. Obviously. That's the entire point.

/me cries