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There are some publicly reported disputes that fairly scream out for comment by a mediator with integrative solutions at the tip of her fingers. 

The Red Cross/Johnson & Johnson trademark dispute reported today by the Wall Street Journal Law Blog is one of them.  

First the facts.  The Red Cross -- which is really a movement comprised of several separate and distinct organizations -- has been engaged in humanitarian work world-wide since 1863 (the Int'l Committee of the Red Cross); 1919 (the International Federation of Red Cross and Red Crescent Societies); and, at various other dates (the 185 National Red Cross and Red Crescent Societies in nearly every country in the world).

The Red Cross on white background was the original protection symbol declared at the 1864 Geneva Convention.  Article 7 of the 1864 Geneva Convention, Chapter VII ("The distinctive emblem").

This is the Johnson & Johnson logo (right).  The first ready-made, ready-to-use surgical dressings were pioneered by J&J in the mid-1880's.  According to its web site, this also marked the birth of the company.

I don't know if J&J used the red cross logo as early as the 1880's, but the Red Cross, which first used it twenty years before J&J was "born" clearly used it first.

OK There are a Lot of Legal Issues Here

I can name those legal issues in three notes, Bob.  But as my friend Richard Millen is fond of saying:  "People (natural and fictitious) don't have legal problems.  Lawyers have legal problems.  People have people [and businesses business) problems."

(My husband (also a lawyer) was just in the room discussing the "legal issues" of ownership with me.  I say, "I'm not writing about ownership.  I have zero interest in ownership and J&J ought to have zero interest in it in this case too," to which he agrees, as he leaves the room still talking about ownership issues.  We can't help it, we're litigators). 

So I'm not even going to begin with a legal analysis (or end with one for that matter).  I'm going to begin (and end) with a strategic business analysis.  Here it is:  IS J&J SO OUT OF ITS FREAKING MIND THAT IT CAN'T NEGOTIATE A RESOLUTION WITH THE RED CROSS WHICH DONATES ALL OF THE PROCEEDS OF SALES USING THE RED CROSS LOGO TO HUMANITARIAN AGENCIES?

I can't resist this top-of-my-head list of potential ways to serve both the Red Cross' fund-raising and J&J's advertising interests at the same time.  

1. cross-licenses (duh)
2. a certain percentage of J&J profits go to Red Cross sponsored initiatives
3. the Red Cross lends its name and logo to certain J&J products in the same way the International Olympic Committee does for products -- you know -- J&J, Official Sponsor of the Red Cross Initiative to Heal Darfur.    
4. the Red Cross places J&J logos on its own products that meet J&J standards.
5. the two companies jointly sponsor a rock festival; the half-time show at the Super Bowl; an Olympic event; festivities associated with the World Cup; etc., etc.
6. J&J donates much needed ambulances carrying both the J&J and the Red Cross logos to war torn areas of the world (I won't suggest that similar ambulances be used at sporting events . . . too grim, even for a band-aid company). 

That's it for free advice.  I invite any and all of my mediator friends who want to spend a couple of brain cells on the issue to leave their integrative solutions here.

In the meantime, see Bad PR Move over at Patent Baristas and the IPKat coverage here.