NEW YORK - A US court has thrown out a key claim brought by Johnson & Johnson in a lawsuit against the American Red Cross over the use of the red cross symbol.
Other portions of the case can go forward, according to the ruling by US District Judge Jed Rakoff in Manhattan. The order was issued Monday but made public yesterday.
The judge granted a request by the American Red Cross to dismiss a claim in J&J's lawsuit contending that the relief organization had promised not to engage in certain commercial activity, including licensing the red cross symbol to others and selling first-aid products in competition with J&J, according to court papers.
J&J had sued the American Red Cross in August over the use by the relief group and its partners of J&J's trademark red cross logo on first-aid kits, hand sanitizers, and medical gloves sold to the public.
In his ruling, the judge also limited the scope of another claim to allegations of interference with J&J's economic relations with Target Corp., Wal-Mart Stores Inc., Walgreen Co., and CVS/Caremark Corp. Rakoff, however, denied a request by the relief group and other defendants to throw out certain other breach-of-contract and interference claims brought by the drug maker.
The court has set a schedule for hearing the remaining claims early next year, the Red Cross said.
