The Boy on Top
Such nice boys thoses execs at J&J.
I suppose they are expecting short term damage for long term gain, but working in a not foor profit organisation myself I do find it somewhat irritating....
On what grounds do you think the American Red Cross selling the symbol is OK? That the agreement not to is too long ago to count? That intellectual property law should be somehow optional for institutions with charitable objects? Any charitable objects? Do you really think that J&J management would be behaving professionally in respect of their own shareholders were they to leave the ARC to sell the symbol to whomsoever they wished? (nb including vendors of "grooming kits" according to the AMC itself and combs according to the NYT).
I must say, the quoted comments of Mark Everson of the ARC stick in my throat - saying "obscene" and "bully" strikes me as argument by moral blackmail, but "We are helping Americans" (per the BBC) is just pathetic.
Forgive me if I strongly, very strongly, disagree. We are talking about trade mark law, not intellecual property. It does not appear to be chalengeable that the origional owner of the trademark is the Red Cross. The Red Cross existed and used the trade mark prior to Johnson and Johnson. J&J contends that they had first comercial use of the trade mark as the Red Cross didn't gain a Congretional Charter until 1900. So long as the Red Cross existed and was in operation prior to 1887 when J&J began using it, thus from a trade mark lawyer I just talked to, ownership is clear.
The crux is the 1895 contract between the two organisations. J&J contends this contract gives it exlusive commerical use of the mark. The wording will clearly be critical. However, no contract, especially 100 year old contracts, is conclusive. All are subject to interpretation, and it is highly unlikely that Victorian lawyers unstood how case law would change, and know how to write an uncontestaeble perpetual contract.
TO my mind, and to the minds of a couple lawyers I've discussed this with, so long as the ARC uses the trademark, clearly indicating it being an American Red Cross product (which I understand it does), this is pretty clear. The AMC has not, nor does not, contend J&J rights to the mark, but that does not mean J&J has clear exclusive commercial rights to the mark either.
This is commercial bullying of the worst sort. I'll be watching the courts with interest, as will many others. TB
I'm with you Boy. Absofrickinglutely.
I just went to the J&J website and sent them a note saying we'd be boycotting.
Quite right too. Just did the same. TB
You've done your research on this haven't you.......
When something bothers me, I feel its a duty to examine it and make sure my emotions have justification. In this case I feel they do. I'm not always right, but I try to make sure I am as often as pos. TB
Oh sure, on the facts as you set them out (which of course are a lot more extensive than the facts in the Times piece you link).
It seems odd to me that J&J have even resorted to the law in that case, because they must have anticipated the adverse PR that would result.
I guess I commented in the first place because on the face of it, it looked as though you had taken a daily new article as truth and not done your research, something which is extremely common in the blogosphere - forgive me for doubting you!
No, I failed in the more common sin of blogging of not putting enough background in. Time is precious and I sin by skimming rather than detailing. But then, I'm not a journalist, just a grumpy old man.
As you say, I think J&J is extremely foolish on this one. They will likely spend far more on legal fees than any perceived profit damage (which has to be slight, we're talking about ŁUS$10m in sales here). The risk of boycott is high, I really don't know what they were thinking. TB
Unfortunately, the Red Cross will have to spend a lot of money defending their case too - that will give J&J yet more bad publicity but it won't be much consolation for Red Cross supporters. All we, as individuals, can do, is boycott J&J products.
How so very disappointing on their behalf.
Thank you for putting that info out there.
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