American Red Cross takes on medical business over emblem
The American Red Cross has taken on a US-based medical company over the alleged infringement of the non-profit’s famous red cross emblem.
The non-profit filed its claim against Bosh Management and Consulting at the US District Court for the Southern District of Texas on Wednesday, August 1.
Bosh is managed by Jonathan Bohannon and consults for medical and hospital services business Hospitality Health ER. Bohannon and Hospitality Health ER are also named as defendants.
According to its complaint, the American Red Cross is one of the most famous and recognisable organisations in the world.
“For over 100 years, the American Red Cross has provided public health and medical services and goods, emergency relief, first aid, nursing and other health and safety services to those in need in the US,” said the claim.
Since 1881, the non-profit has used the Red Cross emblem in connection with medical, dental, health and safety, fundraising, blood collection and disaster relief services, among others. The emblem is made up of a Greek red cross (where the four arms are of an equal length) on a white background.
In 1905, US Congress granted the American Red Cross the exclusive right to use the emblem in what is known as the ‘Red Cross Statute’, said the complaint.
Eighty years later, in 1985, the US Patent and Trademark Office (USPTO) granted the American Red Cross special protection by giving the non-profit exclusive ownership over the emblem and identifying the symbol as “non-registrable subject matter in all international classes”.
According to the lawsuit, Hospitality Health ER uses a logo that incorporates a Greek red cross as part of the letter ‘E’ in the ‘ER’ part of its logo.
Bosh applied to trademark the logo at the USPTO in 2016. The application covered emergency medical services.
After becoming aware of the application, the non-profit claimed that it sent a letter to Bosh asking the company to amend its trademark application by removing the colour red from its logo. The non-profit filed a trademark opposition against the application in April 2017.
The parties then reached a settlement, with Bosh agreeing not to use the colour red in the trademark and to phase out its use in all materials and displays.
Although Bosh did phase out the use of the red cross temporarily, the American Red Cross alleged that Bosh “adopted and commenced use of a slightly amended logo which continues to include a Greek red cross”.
“Defendants have deliberately adopted and used the infringing marks in an effort to trade upon the goodwill and reputation of the American Red Cross and in wilful disregard of the American Red Cross’ exclusive rights to the red cross emblem,” alleged the claim.
In addition, the non-profit alleged that Bosh has used the Greek red cross to confuse actual and potential customers into believing that it is affiliated with the non-profit.
Bosh is seeking damages and an injunction against the defendants from using the Greek red cross.
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