Lawsuit Over Emblem

The Red Cross has been working with several licensing partners to create first aid, preparedness and related products that bear the Red Cross emblem since 2004. J&J began complaints against the Red Cross around 2003 regarding licensing third parties to sell Red Cross first aid kits in retail stores. At that time, Red Cross tried to partner with J&J on preparedness and on this issue - but these conversations were never agreed upon. Interestingly, the Red Cross has been selling first aid kits commercially in the US since 1903. Until now, J&J never challenged this activity and both J&J and the Red Cross enjoyed their contemporaneous right to use the red cross emblem in business.


In a news release issued in August, a J&J spokesperson said that J&J was 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 commercial outlets. These products include baby mitts, nail clippers, combs, toothbrushes and humidifiers. J&J believes that this action is in direct violation of a Federal statute protecting the mark, as well as in violation of their longstanding trademark rights. The goal of the civil complaint is to restore the long-held legal boundaries surrounding the use of the Red Cross trademark.

The Red Cross has generated about $2 million in funds for the organization from the sale of products in retail stores, while J&J recently made $11 billion in profits in one year.

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