Aug 9th 2007 12:24PM As I understand it, the Red Cross symbol as used by the International Red Cross society, and through them the American Red Cross, is protected by international treaty and not trademark law. Reading the relevant text of the two treaties below, I am not certain but I am led to believe that Johnston and Johnston might not be able to legally hold a trademark on the red cross for any purpose. Perhaps I am mis reading them, or there has been a newer version of the treaty which does away with this language, or perhaps Congress has acted to change this portion of the treaties in some way.
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 6 July 1906.
Art. 27. The signatory powers whose legislation may not now be adequate engage to take or recommend to their legislatures such measures as may be necessary to prevent the use, by private persons or by societies other than those upon which this convention confers the right thereto, of the emblem or name of the Red Cross or Geneva Cross, particularly for commercial purposes by means of trade-marks or commercial labels. The prohibition of the use of the emblem or name in question shall take effect from the time set in each act of legislation, and at the latest five years after this convention goes into effect. After such going into effect, it shall be unlawful to use a trade-mark or commercial label contrary to such prohibition.
Full text here:
Convention for the Amelioration of the Condition of the Wounded and Sick in Armies in the Field. Geneva, 27 July 1929.
Art. 28. The Governments of the High Contracting Parties whose legislation is not at present adequate for the purpose, shall adopt or propose to their legislatures the measures necessary to prevent at all times:
(a) The use of the emblem or designation "Red Cross" or "Geneva Cross" by private individuals orassociations, firms or companies, other than those entitled thereto under the present Convention, as well as the use of any sign or designation constituting an imitation, for commercial or any other purposes;
(b) By reason of the compliment paid to Switzerland by the adoption of the reversed Federal colours, the use by private individuals or associations, firms or companies of the arms of the Swiss Confederation or marks constituting an imitation, whether as trademarks or as parts of such marks, for a purpose contrary to commercial honesty, or in circumstances capable of wounding Swiss national sentiment. The prohibition in (a) of the use of marks or designations constituting an imitation of the emblem or designation of "Red Cross" or "Geneva Cross," as well as the prohibition in (b) of the use of the arms of the Swiss Confederation or marks constituting an imitation, shall take effect as from the date fixed by each legislature, and not later than five years after the coming into force of the present Convention. From the date of such coming into force, it shall no longer be lawful to adopt a trademark in contravention of these rules.
Fulle text here:
Mar 18th 2005 2:40PM I agree with Mark about Mike Davis's recruiting. I also agree with Miles's prediction of an Illinois vs North Carolina Final in this NCAA tournament. Of course I am biased as I can simply walk down the street from my office to the Assembly hall here in Champaign to watch the Illini play during the regular season.
Feb 25th 2005 2:35PM Michael, If the Cable Companies are doing their job for their shareholders, they will maximize the utilization of the resources that they control for maximum profit. If that means providing additional channels that they can charge a premium for they will do that. If that means utilizing any excess cable capacity for broadband bandwidth they will do that. If that makes them more competitive with other broadband providers then who is to say that the motivation was proactive or defensive? Also as technology advances, other uses may be found for the excess cable capacity so using it for additional broadband capacity isn't necessarily the correct choice, just the obvious one.