American Red Cross takes on medical centres in TM claim
Humanitarian organisation the American Red Cross has taken on two emergency medical centres in a trademark infringement claim.
Filed on Thursday (pdf), December 8 at the US District Court for the Northern District of Texas, Dallas Division, the Red Cross's suit alleged that two Dallas-based emergency rooms, Preston Hollow and Highland Park, had adopted a red cross.
The suit added that the crosses used are “identical and/or confusingly similar to the red cross symbol of the American Red Cross”, which is a well-known Greek red cross.
“Defendants’ use of the infringing crosses has caused or is likely to cause the public to falsely believe that the American Red Cross endorses, sponsors or approves of defendants’ services,” said the suit.
It also claimed unfair competition and false designation of origin, trademark dilution, illegal use of the symbol, deceptive trade practices and unjust enrichment.
The Red Cross claimed that the emergency rooms have “refused to cease their unlawful conduct” despite cease-and-desist demands and attempts to resolve the matter amicably.
“Moreover, defendants’ actions in operating its for-profit medical centres undermine the ability of the American Red Cross to serve its critical mission under the law, ie, provide humanitarian relief in emergencies,” added the suit.
The Red Cross is a “unique organisation” with trademark rights that derive not only from “federal and state trademark law but also international law and federal criminal law”.
Under the Geneva treaties the Red Cross symbol may be used only by national Red Cross societies in signatory countries.
US Congress gave the American Red Cross the right to “have and use” the Red Cross symbol and made clear that this trademark right is exclusive to the American Red Cross by subjecting any “unauthorised user of the Red Cross symbol to criminal penalties”.
The suit added that “in recognising such congressional intent”, the US Patent and Trademark Office provided special designations to the symbol and the word mark ‘Red Cross’ in connection with all international classes of goods and services.
The Red Cross is seeking a jury trial, injunctive relief, triple and punitive damages, corrective advertisements and delivery up of infringing goods.
