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=== Use of the Red Cross symbol === {{Further|Emblems of the International Red Cross and Red Crescent Movement#Use of the emblems}} [[File:Flag of the Red Cross.svg|thumb|150px|Flag of the [[Red Cross]]]] Johnson & Johnson registered the [[Red Cross]] as a U.S. trademark for "medicinal and surgical plasters" in 1905 and has used the design since 1887.<ref>{{Cite web|url=http://tarr.uspto.gov/servlet/tarr?regser=serial&entry=71013666|title=Trademark Status & Document Retrieval|work=uspto.gov}}</ref> The [[Geneva Conventions]], which reserved the [[Emblems of the International Red Cross and Red Crescent Movement#Red Cross|Red Cross emblem]] for specific uses, were first approved in 1864 and ratified by the United States in 1882. However, the emblem was not protected by U.S. law for the use of the [[American Red Cross]] (ARC) and the U.S. military until after Johnson & Johnson had obtained its trademark. A clause in this law (now 18 U.S.C. 706) permits this pre-existing use of the Red Cross to continue.<ref>{{Cite web |title=1205.01 Statutory Protection |url=https://tmep.uspto.gov/RDMS/TMEP/print?version=July2015&href=TMEP-1200d1e4447.html |access-date=April 26, 2023 |website=tmep.uspto.gov}}</ref><ref>{{Cite journal |last=Sturges |first=Wesley |date=1957 |title=The Legal Status of the Red Cross |url=https://repository.law.umich.edu/cgi/viewcontent.cgi?article=6915&context=mlr |journal=Michigan Law Review |volume=56 |issue=1 |pages=24β25 |doi=10.2307/1285901 |jstor=1285901 |via=Michigan Law Scholarship Repository}}</ref><ref>{{Cite web |title=Β§ 706. Red Cross |url=https://www.govregs.com/uscode/title18_partI_chapter33_section706 |access-date=April 26, 2023 |website=GovRegs}}</ref> <!-- Please do NOT insert any further assertions that continued Johnson & Johnson use of the Red Cross violates the Geneva Conventions; as a the paragraph below states, the U.S. specifically excluded that application of the Geneva Conventions thru a reservation. --> A declaration made by the U.S. upon its ratification of the 1949 Geneva Conventions includes a [[Reservation (law)|reservation]] that pre-1905 U.S. domestic uses of the Red Cross, such as Johnson & Johnson's, would remain lawful as long as the cross is not used on "aircraft, vessels, vehicles, buildings or other structures, or upon the ground", i.e., uses which could be confused with its military uses.<ref>[http://www.icrc.org/ihl.nsf/NORM/D6B53F5B5D14F35AC1256402003F9920?OpenDocument U.S. reservations to the 1949 Geneva Conventions] ([[International Committee of the Red Cross]] website)</ref> This means that the U.S. did not agree to any interpretation of the 1949 Geneva Conventions that would overrule Johnson & Johnson's trademark. The American Red Cross continues to recognize the validity of Johnson & Johnson's trademark.<ref>{{Cite web |date=August 10, 2007 |title=American Red Cross Defends Use of Emblem and Mission |url=http://www.redcross.org/pressrelease/0%2C1077%2C0_314_6910%2C00.html |url-status=dead |archive-url=https://web.archive.org/web/20070818044717/http://www.redcross.org/pressrelease/0,1077,0_314_6910,00.html |archive-date=August 18, 2007}}</ref> In August 2007, Johnson & Johnson filed a lawsuit against the ARC, demanding that the charity halt the use of the red cross symbol on products it sells to the public, though the company takes no issue with the charity's use of the mark for nonprofit purposes.<ref>[https://www.wsj.com/articles/SB118662527980592590 "Red Cross Is Sued by J&J Over Signature Emblem"] ''[[The Wall Street Journal]]'' August 9, 2007</ref> In May 2008, the judge in the case dismissed most of Johnson & Johnson's claims, and a month later the two organizations announced a settlement had been reached in which both parties would continue to use the symbol.<ref>{{Cite news | url = https://www.nytimes.com/2008/06/18/business/18cross.html | title = Claim Over Red Cross Symbol Is Settled |work=[[The New York Times]] | date = June 18, 2008 | vauthors = Saul S |author-link1=Stephanie Saul }}</ref>
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