The American Red Cross works diligently and constantly to educate the public as to the protected nature of our emblem. Unlike standard trademark enforcement and policing designed to protect commercial entities, the Red Cross mission is quite different. We must protect the Red Cross emblem because misuse, intentional or inadvertent, can put lives at risk. When a Greek red cross appears on the vest of a worker at the scene of a disaster, it indicates that person is a trained Red Cross worker with the necessary skills and knowledge to respond to the danger at hand. When it appears on the roof of a tent or vehicle during military hostility, the emblem signals a neutral and safe haven for medical treatment. It is for these reasons federal law imposes criminal penalties for unauthorized use of our emblem.

If the Greek red cross is allowed to become a generic symbol, the protection it offers at disasters and in wartime is in danger of being lost. This is why parties who incorrectly treat the emblem as a generic symbol for emergency, healthcare, first-aid, or medical services, products or personnel must be stopped.

The full text of 18 U.S.C. § 706, the federal criminal statute protecting the Red Cross name and emblem, is reprinted below. With modification, it has been in effect since 1905. The statute makes it illegal for any person, corporation, or association to:

fraudulently wear or display the Red Cross name or emblem for the purpose of inducing the belief that he or she is a part of the American Red Cross; or

use the Red Cross symbol or any sign or insignia in imitation thereof, if that person, corporation, or association is not the American Red Cross, its employees or agents, or the medical services of the United States Armed Forces.

The complete text of the statutory provision is as follows:

"Whoever wears or displays the sign of the Red Cross or any insignia colored in imitation thereof for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross; or

Whoever, whether a corporation, association or person, other than the American National Red Cross and its duly authorized employees and agents and the sanitary and hospital authorities of the armed forces of the United States, uses the emblem of the Greek red cross on a white ground, or any sign or insignia made or colored in imitation thereof or the words “Red Cross” or “Geneva Cross” or any combination of these words –

Shall be fined under this title or imprisoned not more than six months, or both.

This section shall not make unlawful the use of any such emblem, sign, insignia or words which was lawful on the date of enactment of this title."

In addition to Section 706, Section 917 of Title 18 of the U.S. Code prohibits any person or entity from pretending to be a member of or agent for the Red Cross in order to solicit or collect money or goods. Section 917 is a federal criminal statute that provides:

“Whoever, within the United States, falsely or fraudulently holds himself out as or represents or pretends himself to be a member of or an agent for the American National Red Cross for the purpose of soliciting, collecting, or receiving money or material, shall be fined under this title or imprisoned not more than 5 years, or both.”