Tabberone is pronounced tab ber won |
|
Source:
http://members.ebay.com/ws2/eBayISAPI.dll?ViewUserPage&userid=arcnq
This was copied from the American Red Cross "about Me" page on July 18, 2004. It was modified to remove the eBay headers and footers. NO TEXT has been modified or altered. Formatting has required appearance changes. Our comments are on the right side. |
About Me: arcnq |
The Red Cross Emblem The Red Cross name and emblem are trademarks and are both federally registered with the PTO. The Red Cross must ensure that its name and emblem are used correctly and appropriately by the American Red Cross and authorized parties, and not misused by others or used without authorization. Protection of the Red Cross name and emblem is essential in order to maintain its national and international significance, and protect the intellectual property rights of the Red Cross. 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 Red Cross is authorized to use the Red Cross name and emblem pursuant to international treaties and by an act of the United States Congress. A use of the Red Cross emblem without the authorization of The American National Red Cross is an infringement. An infringement of the emblem is considered to be use of any cross design in a shade of red regardless of the background color. Imitations of the emblem, which are also considered infringements, can include slanted or thinned red crosses on white or other color backgrounds; crosses shaded or adulterated by other colors, lines (including outlines in another color), words, or figures; and “plus signs.” |
  |
Paragraph one:
Actually, we don't disagree with the basic wording of the first paragraph. But what constitutes "misuse"
as defined by them?
Paragraph two: Now the double-speak and weasle-wording begins. They work "diligently and constantly to educate the public " about their trademark? We've never heard a lick about this. What they do in the second paragraph is define what is "misuse" by describing the protected "use" as being on a vest of a worker or the roof of a tent or building, identifying the person or facility as being Red Cross. Unauthorized use under federal trademark law, as we understand it, requires the "unauthorized user" to do something to create the impression that the item, or the use of the symbol, has the sponsorship and/or endorsement of the trademark holder. Paragraph three: But a red cross is "a generic symbol for emergency, healthcare, first-aid, or medical services, products or personnel " and has been for years. Really, is someone going to show up at a disaster waving the charm bracelet on their wrist, and annouce to those present that they are representatives of the Red Cross? Is someone going to show up at a disaster scene holding a doll in a nurse's uniform wearing a hat with a red cross and try to convince people they are a Red Cross Worker? Get real. Paragraph four: Lots of garbage. The underlines passages are the interpretation the Red Cross lawyers want you to believe. IP Lawyers misrepresent the facts constantly. If these passages were true, no church could display a cross and mathamatics would be rendered usless because we couldn't add 2 plus 2. |
Protection under congressional statutes | ||
Under federal law, the unauthorized use of the Red Cross name or emblem is a federal crime, punishable by fine, imprisonment, or both (18 U.S.C. 706). Furthermore, pretending to be a member of or agent for the Red Cross for the purpose of soliciting money or material is also a federal crime, punishable by fine, imprisonment, or both (18 U.S.C. 917). Federal and state trademark law, unfair competition law and anti-dilution law also provide the Red Cross with certain rights and protections with respect to its name and emblem. 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 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.” In collaboration with the Red Cross, the United States Department of Justice is responsible for enforcing the criminal statute and may bring criminal charges against any person, corporation, or association that misuses the Red Cross name or emblem. |
  |
Paragraph five:
Selling a charm, or a nurse's doll, doesn't qualify as "pretending to be a member or an agent of
the Red Cross. Do you see a theme here? You have to misrepresent that you are an employee or agent
of the Red Cross and try to benefit from that misrepresentation.
Last Paragraph: The Department of Justice is not going to spend time prosecuting people for selling charms. That is not criminal activity. That is a civil action that has to be taken to court by the Red Cross. The "collaboration" wording is pure garbage and designed to scare. |
General Articles | Cease and Desist Letters | Federal Court Cases | FAQs & Whines | Glossary | Hall Of Shame | Contributions
Corporate Lawyers |
Definitions |
Federal Court Cases Alphabetically | by Federal Circuit | by Subject | by Court Quotations |
Federal Statutes Copyright Act 17 U.S.C. 5 | Digital Millenium Copyright Act 17 U.S.C. 12 | Lanham Act 15 U.S.C. 22
|