Johnson & Johnson today sued the American Red Cross over the use by the relief group and its partners of J&J's trademark red cross logo on first aid kits, hand sanitizer and medical gloves sold to the public.
Among other things, J&J asked the court to prohibit sales
of those items and order the defendants to turn over unsold goods and related marketing materials and all monetary gains from sales of the disputed items, which are sold in stores such as Target and Wal-Mart.
In its lawsuit filed in US District Court for the Southern District of New York, the maker of Band-Aids said it has for more than 100 years "owned exclusive trademark rights in the Red Cross Design for first aid and wound care products sold to the consuming public, including first aid kits".
J&J said American Red Cross founder Clara Barton in 1895 signed a deal with J&J agreeing and acknowledging the company's "exclusive use of a red cross as a trademark and otherwise for chemical, surgical, pharmaceutical goods of every description".
Until recently, the two sides have co-operated amicably in enforcing their respective rights, J&J said.
Mark Everson, American Red Cross president and chief executive, called the lawsuit "obscene" and said the first aid kits and other items promote its humanitarian aim of helping Americans prepare for a disaster.
The money Red Cross receives from sales of the products is reinvested in its humanitarian programmes and services, he said.
Everson said the group's partners, Learning Curve International, Magla Products, Water-Jel Technologies and First Aid Only, also receive money from the sales.
Asked if American Red Cross approached J&J about partnering on the kits, Everson said the deals were struck before he took the helm at the group.
"Our outside lawyers have looked at this and think we're on sound ground with what we're doing," Everson said. "We're helping Americans."
- REUTERS
