Suing the Red Cross?
Every once in a while you see the type of lawsuit that makes you wonder if the client has turned over it thinking ability to its lawyers. That was the case recently when Johnson & Johnson filed a lawsuit against the American Red Cross for trademark infringement. Johnson and Johnson, which owns the trademark registration for the red cross symbol for a variety of goods, asserts that the American Red Cross has crossed the line by licensing third parties to sell emergency preparedness kits and wound dressing kits under the AMERICAN RED CROSS name and red cross symbol.
Johnson & Johnson may have a legally valid point. The more important question - does the lawsuit make business sense? While the American Red Cross has not been immune to criticism, suing a high profile charity that is generally well respected is not likely to be listed among the smartest PR moves of 2007. There is nothing like spending millions on public relations, only to have your legal department make you look like a bunch of heartless greedy jerks.
The American Red Cross' defense, while not the best legal position, will play well to the jury and to the public at large. The American Red Cross is licensing the products to help promote emergency preparedness, and the licensing fees are being used to help disaster victims.
Whenever you deal with your attorneys - get the best legal opinion you can. Then run it through your common sense filter. Does the best legal position correspond with the best business (or humanitarian) position. If not, think carefully before proceeding.
Johnson & Johnson may have a legally valid point. The more important question - does the lawsuit make business sense? While the American Red Cross has not been immune to criticism, suing a high profile charity that is generally well respected is not likely to be listed among the smartest PR moves of 2007. There is nothing like spending millions on public relations, only to have your legal department make you look like a bunch of heartless greedy jerks.
The American Red Cross' defense, while not the best legal position, will play well to the jury and to the public at large. The American Red Cross is licensing the products to help promote emergency preparedness, and the licensing fees are being used to help disaster victims.
Whenever you deal with your attorneys - get the best legal opinion you can. Then run it through your common sense filter. Does the best legal position correspond with the best business (or humanitarian) position. If not, think carefully before proceeding.
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