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JOHNSON & JOHNSON v. AMERICAN NAT. RED CROSS

No. 07 Civ. 7061 (JSR).

528 F.Supp.2d 462 (2008)

JOHNSON & JOHNSON and Johnson & Johnson Consumer Companies, Inc., Plaintiffs, v. The AMERICAN NATIONAL RED CROSS, et al., Defendants.

United States District Court, S.D. New York.

January 2, 2008.

Attorney(s) appearing for the Case

Gregory L. Diskant, Robert W. Lehrburger, Sarah Elizabeth Zgliniec, Patterson, Belknap, Webb & Tyler LLP, Richard Zachary Lehv, Roger L. Zissu, Fross Zelnick Lehrman & Zissu, P.C., New York, NY, for Plaintiffs.

Jonathan L. Abram, Raymond A. Kurz, Hogan & Hartson LLP, Washington, DC, for Defendants.

MEMORANDUM

JED S. RAKOFF, District Judge.

According to the First Amended Complaint ("Complaint"), Johnson & Johnson was making commercial use of the Red Cross Emblem—consisting of a Greekstyle red cross on a white background—as early as 1879. Complaint ¶¶ 23-25. Three years later, Congress, at the instance of Clara Barton (the founder of the organization commonly known as the American Red Cross), ratified the First Geneva...

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