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Weekly UpdatesThe battle between pharmaceutical giant Johnson & Johnson (J&J) and the American Red Cross (ARC) over trademark and licensing issues is scheduled to go to trial Jan. 4 to decide the remaining claims in the lawsuit.
A federal judge in November dismissed part of the lawsuit brought by J&J against the disaster relief agency seeking to restrict the Red Cross's use of its emblem on first aid, health, safety and emergency preparedness products.
The judge's ruling dismissed entirely the J&J claim that the Red Cross promised not to engage in the sale of first aid, health, safety and emergency preparedness products.
Following an Oct. 29 hearing at the United States District Court for the Southern District of New York, Judge Jed S. Rakoff ruled that the "promissory estoppel" claim, a very significant portion of the pharmaceutical company's lawsuit against the Red Cross, was "dismissed with prejudice. "The judge's ruling also means that J&J cannot refile arguments on this claim.
A spokesman for J&J, which filed an amended complaint in September, said the New Brunswick, N.J.-based pharmaceutical company was pleased with the court's decision, "which denies in large part" ARC's motion to dismiss.
"The decision clears the way for Johnson & Johnson to proceed with seven of the eight claims that were originally alleged, allowing the case to move forward as planned," said Marc Monseau, declining further comment on the case since it's still in the midst of litigation.
The judge's order came nearly three months after J&J filed suit against the Red Cross for the Red Cross's use of its emblem on products it sells to the public. The Red Cross helps Americans prevent, prepare for and respond to disasters and emergencies. One way the Red Cross does this is by providing first aid, health, safety and emergency preparedness products at places where people regularly shop. The Red Cross invests the proceeds from the sale of these products into fulfilling its humanitarian mission.
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