Red Cross Emblem Brochure

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You Respect Our Mission... Please Respect Our Trademark

Transcript of Red Cross Emblem Brochure

Page 1: Red Cross Emblem Brochure

You Respect Our Mission...

Please Respect Our Trademark

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Imagine a battlefield where no one cantell the medical personnel from the combatants, where the wounded cannotget help and where field hospitals andmedical vehicles come under fire. That isthe world that existed before the GenevaConventions were adopted by countriesworldwide in order to protect medicalpersonnel assisting the wounded on thebattlefield. In 1864, the Geneva Conventionschose a red cross emblemas a symbol of neutralityand protection.

The Red Cross emblemcontinues to be an interna-tionally recognized symbol of protection and neutrality during war and conflict. In peacetime, the Red Cross emblem iden-

tifies people, pro-grams and productsconnected with thehumanitarian missionand activities of theRed Cross.

The symbol of a red cross is one of the

most recognized symbols in the world . . .

and also one of the most misunderstood.

What does a red crosssymbol really mean?

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Who May Use the Red Cross Symbol?

We often see the red cross symbol used as a decorativesymbol on signs, in advertising or to indicate first aidstations, ambulances, emergency, health care or medicalproducts, services or personnel. Using the red crosssymbol in such a way is wrong — and illegal.

Only the American RedCross and the medical corpsof the Armed Forces duringtimes of armed conflict mayuse the Red Cross emblemin the United States. A few U.S. companies that were already using the red crosssymbol before 1905 are entitled to continue using it. Onewell-known example is Johnson & Johnson. Its use by anyone else is prohibited and unlawful.

What Legal Restrictions Exist in the United States?

Congress understood the importance of protecting theRed Cross emblem from unauthorized use and madeunauthorized use a crime.

Whoever wears or displays the sign of theRed Cross or any insignia colored in imitationthereof for the fraudulent purpose of inducingthe belief that he is a member of or an agent forthe American National Red Cross; or

Whoever, whether a corporation, association orperson, other than the American National Red Cross and its duly authorized employeesand agents and the sanitary and hospitalauthorities of the armed forces of the UnitedStates, uses the emblem of the Greek red crosson a white ground, or any sign or insignia made or colored in imitation thereof or the words“Red Cross” or “Geneva Cross” or any combinationof these words—

Shall be fined under this title or imprisoned notmore than six months, or both. (18 U.S.C. § 706)

USS Sanctuary

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Please note that while the first paragraph of the statuterequires fraudulent intent, the second paragraph doesnot. In addition, the statute prohibits red crosses onwhite backgrounds or any sign or insignia made or colored in imitation thereof. An imitation of the Red Crossemblem, such as a red cross on any color background, is considered illegal.

Also, fundraising on behalf of the American Red Crosswithout permission violates federal law.

Whoever, within the United States, falsely orfraudulently holds himself out as or representsor pretends himself to be a member of or anagent for the American National Red Cross forthe purpose of soliciting, collecting, or receivingmoney or material, shall be fined under this titleor imprisoned not more than 5 years, or both. (18 U.S.C. § 917)

The Red Cross emblem is also a famous trademark andservice mark. The U.S. Patent and Trademark Officerecognizes the extraordinary rights of the AmericanRed Cross in the red cross symbol (Trademark Manualof Examining Procedure, § 1205.01). The Red Crossemblem is aggressively protected just like any otherfamous trademark. In addition to violating federalcriminal law, unauthorized use of the red cross symbolviolates federal and state trademark law, anti-dilutionlaw and unfair competition law.

Afghan School Chest Program

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You would not use The Golden Arches Logo withoutobtaining permission from McDonald's Corporation, andyou would not use the Olympic Symbol (Olympic Rings)without obtaining permission from the InternationalOlympic Committee. Please do not use the red cross symbolwithout permission from the American Red Cross.

What Is a Misuse?

A “misuse” is another word for “infringement,” and it describes instances in which an unauthorized party is using the Red Cross emblem without permission fromthe American Red Cross. Often misuses occur when people incorrectly treat the Red Cross emblem as ageneric symbol for first aid stations, ambulances, emergency, health care or medical products, services orpersonnel. A misuse can also occur when an authorizedparty uses the Red Cross emblem incorrectly.

A misuse or infringement of the Red Cross emblem isany cross of equal or substantially equal vertical andhorizontal “legs” that are colored red or a shade of red.Misuses include red crosses that are:

■ Slanted or italicized

■ Thin or thick

■ Outlined in a color other than red

■ On a background other than white

■ Included with a figure, symbol or word superimposed on it

■ Included as an element of a logo

36 U.S.C. § 220506

The Golden Arches Logo is the registered trademark of McDonald’s Corporationand its affiliates and is used with permission.

The Olympic Symbol (Olympic Rings) is owned by the International OlympicCommittee and is used with permission.

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No misuse is too small to mention, because its timelycorrection may literally save a life. To report a misuse of the Red Cross emblem, please e-mail us [email protected].

One Final Word...

The Red Cross emblem must remain respected throughoutthe world as a trusted symbol of protection, neutralityand humanitarian aid. American Red Cross workers regularly give up the comforts of home to help thosesuffering from famine, disease and war around theworld. They do so in the name of the Red Cross andunder the protection of the Red Cross emblem. Red Crossworkers carry no weapons. Their only shield is the Red Crossemblem that conveys the sense of humanity, impartialityand neutrality that is embodied in the worldwide Red Crossmovement.

Those of us fortunate enough to live without armed conflict in our daily life must respect and protect the Red Cross emblem and educate others about its truemeaning. For more information about the American Red Cross, please visit www.redcross.org.

Red Cross Disaster Relief Services

© 2005 The American National Red Cross. All Rights Reserved.

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A1648 May 2005

Our thanks to the Canadian Red Cross for their contributions to this brochure.