The Red Cross: A Trademark on Steroids
July 1, 2008 – 10:51 pm
Today, CenterNetworks has a post up about Twiddict, whose logo is emblazoned here on the right. Twiddict uses a red cross in their logo, and the Red Cross — yes, the humanitarian organization — demanded that they remove that part of the logo. As a Twiddict founder noted in a blog post, per the Red Cross, “the only third parties allowed to use the red cross emblem in their logo are the ones that have been doing so since before the year 1905.”
That’s true.
It’s also special — really special, in fact. While most corporate marks are protected by copyright and/or trademark, the Red Cross is protected by a specific federal law, 18 U.S.C. 706, which states:
Whoever wears or displays the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross; or
Whoever, whether a corporation, association or person, other than the American National Red Cross and its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States, uses the emblem of the Greek red cross on a white ground, or any sign or insignia made or colored in imitation thereof or the words “Red Cross” or “Geneva Cross” or any combination of these words—
Shall be fined under this title or imprisoned not more than six months, or both.
This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title.
The key paragraph is the second. “Whoever [. . . without authorization . . .] uses the emblem of the Greek red cross on a white ground” is looking at a slam dunk fine. There’s no need for the Red Cross to show damages or even dilution. The statute is harsh and to the point.
(Amazingly, the statute is nonetheless occasionally the subject of litigation. In fact, it was just discussed in a case here in Manhattan in May — Johnson & Johnson v. The American Nat. Red Cross, 2008 WL 2043252 (S.D.N.Y. May 14, 2008) for you law geeks out there. But that’s another story.)
In case you are wondering, there are other marks that have similar protections. Check out Title 18, Chapter 33 of the United States Code and various sub-parts of Title 36, Part B of the same. Watch out next time you use the term “Little Leaguer“.
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