Johnson & Johnson (J&J) filed a lawsuit against the American Red Cross (ARC) and four of its licensing partners for unlawful conduct related to the nonprofit's use of the Red Cross emblem.

Specifically, J&J demands that the Red Cross:

• Stop the Red Cross and its licensing partners from using the Red Cross emblem permanently on first aid, preparedness and related products sold to the public;
• Surrender to J&J for destruction the Red Cross' inventory of accused products;
• Hand over to J&J all Red Cross proceeds from the sale of these products with interest; and
• Pay punitive damages to J&J along with attorney fees related to its legal action against the Red Cross.

In a statement, J&J said that "it has great respect for the relief work of the  and over the decades has consistently supported the organization through cash donations, product donations and employee volunteering. The company remains committed to supporting their mission through its philanthropic efforts."

"Both J&J and the ARC have long-held separate and distinct rights to the use of the Red Cross design trademark.  After more than a century of strong cooperation in the use of the Red Cross trademark, with both organizations respecting the legal boundaries for each others' unique legal rights, we were very disappointed to find that the ARC 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 other commercial outlets. These products include baby mitts, nail clippers, combs, toothbrushes and humidifiers. This action is in direct violation of a federal statute protecting the mark as well as in violation of our longstanding trademark rights."

According to J&J, "the goal of this civil complaint is to restore the long-held legal boundaries surrounding the use of the Red Cross trademark".

The ARC rebutted to the lawsuit by providing the legal and historical framework for its use of the red cross emblem.

Mark W. Everson, President and CEO of the American Red Cross said: “The mission of the Red Cross is to prevent, prepare for and respond to disasters and emergencies, and people look to the Red Cross emblem and see a worldwide symbol of humanitarianism.  The Red Cross will vigorously defend and protect our emblem and mission.”

The ARC rebuttle claims the Red Cross has been selling first aid kits commercially in the United States since 1903. Until now, J&J has never challenged this activity. It concurres that for over 100 years, J&J and the Red Cross have enjoyed their concurrent right to use the Red Cross emblem.

The ARC stated that "by offering Red Cross first aid, health, safety and emergency preparedness products at retail locations, the Red Cross is reaching more families and making it easier for Americans to get prepared. The money the Red Cross receives in the sale of these products to consumers is reinvested in its humanitarian programs and services".

"The Red Cross, a nonprofit, received only $2 million in revenue from the sale of its products in 2006. J&J, a corporation, received $53.3 billion in annual revenue in 2006."

“We hope that Johnson & Johnson will act as a good corporate citizen and recognize the right of the American Red Cross to our own emblem to carry out our mission—not stand in the way,” Everson said.

The law suit was filed as a  civil complaint in the United States District Court, Southern District of New York by Johnson & Johnson and Johnson & Johnson Consumer Companies Inc against The American National Red Cross and its commercial licensees, Learning Curve International Inc., Magla Products LLC, Water-Jel Technologies Inc., and First Aid Only Inc.