Johnson & Johnson et al v. The American National Red Cross et al Featured Case

Plaintiffs Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc. alleged that Defendant American National Red Cross violated 18 U.S.C. Section 706, the Charter Act and the Geneva Convention of 1949 by entering into licensing agreements with its four codefendants to manufacture and sell products displaying the Red Cross emblem and words.

Plaintiff: Johnson & Johnson and Johnson & Johnson Consumer Companies, Inc.
Defendant: The American National Red Cross, Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc. and First Aid Only, Inc.
Case Number: 1:2007cv07061
Filed: August 8, 2007
Court: US District Court for the Southern District of New York
Office: Foley Square Office
County: XX Out of State
Presiding Judge: Jed S. Rakoff
Nature of Suit: Contract: Other
Cause of Action: 28:1331 Fed. Question: Other
Jury Demanded By: None

Available Case Documents

The following documents for this case are available for you to view or download:

Date Filed Document Text
June 23, 2008 Opinion or Order Filing 81
ORDER On June 9, 2008, a courtroom view network (CVN) requested that the court issue an order permitting it to record and provide audio visual coverage of the trial in the above captioned action, which was scheduled to being on July 8, 2008. As with CVNs prior application, the court would have been predisposed to grant the application, but the parties have since settled the case, see Stipulation and Order of Dismissal dated 6/17/08, and accordingly no trial will transpire. The application is therefore denied as moot. (Signed by Judge Jed S. Rakoff on 6/22/08) (mme)
June 17, 2008 Opinion or Order Filing 80
STIPULATION AND ORDER OF DISMISSAL that the counterclaims asserted by defendants Learning Curve International, Magla Products, Water-Jel Technologies, and First Aid Only for declaratory judgment for trademark invalidity and for trademark cancellation are dismissed without prejudice. All other claims and counterclaims not heretofore disposed of by order of this Court are hereby dismissed with prejudice, with each party bearing its own costs, attorneys' fees and expenses. (Signed by Judge Jed S. Rakoff on 6/18/08) (cd)
May 15, 2008 Opinion or Order Filing 79
OPINION AND OPINION 96067: For the reasons stated herein, all of the motions are denied except for the portion of J&Js motion seeking dismissal of ARCs three counterclaims and the portion of defendants motion seeking dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. As for J&Js motion for summary judgment dismissing the codefendant's two counterclaims for trademark invalidity pursuant to 28 U.S.C. 2201 and cancellation of trademark under 15 U.S.C. 1119 and 15 U.S.C. 1064(3), this motion is premised entirely on the premise that if the codefendant's use of the emblem is illegal under 18 U.S.C. 706, then the codefendant's do not have standing to assert these counterclaims. Pl. Mem. at 39. Because, however, the Court has concluded that the codefendant's use of the emblem is not illegal under 18 U.S.C. 706, this argument is moot and the motion must be denied. l4 In sum, the Court hereby grants the portion of plaintiff's summary judgment motion that seeks dismissal of the three counterclaims brought by defendant American National Red Cross and hereby grants the portion of defendant's summary judgment motion that seeks dismissal of Counts 1, 3, 5 and 6 of the Amended Complaint. In all other respects, the parties respective summary judgment motions are hereby denied. Counsel are instructed to jointly call Chambers at 2 p.m. on May 16, 2008 to schedule a prompt date for trial of the remaining claims, i.e. Counts 2, 7, and 8 of the Amended Complaint and the two counterclaims of the codefendant's. (Signed by Judge Jed S. Rakoff on 5/14/2008) (jfe) Modified on 5/16/2008 (ae).
January 3, 2008 Filing 76
MEMORANDUM: For reasons further set forth in said Order, Johnson & Johnson's Complaint fails as a matter of law to allege the essentials of a claim for promissory estoppel....As for defendants' additional arguments for dismissing the First Claim, as well astheir arguments for dismissing the Second, Seventh and Eighth claims, these arguments are without merit and warrant no discussion here. Counsel are reminded that oral argument on the summary judgment motions in this case will proceed on 1/4/08 at 2:00 p.m. Set Deadlines/Hearing as to 38 MOTION for Summary Judgment. 47 MOTION for Summary Judgment: (Motion Hearing set for 1/4/2008 at 02:00 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff.) (Signed by Judge Jed S. Rakoff on 1/2/08) (db)
December 21, 2007 Filing 75
REPLY MEMORANDUM OF LAW in Support re: 56 MOTION to Strike.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
December 12, 2007 Filing 73
DECLARATION of Phyllis S. Wallitt Submitting Exhibits in Response to Defendants' Counter-Statement of Undisputed Material Facts. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
December 7, 2007 Filing 67
MEMORANDUM OF LAW in Opposition re: 38 MOTION for Summary Judgment. (Plaintiffs' Memorandum of Law in Opposition to Defendants' Motion for Summary Judgment)(Publicly Filed Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
November 30, 2007 Opinion or Order Filing 55
MEMO ENDORSEMENT granting 49 Motion for leave to file. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 11/29/07) (tro)
November 27, 2007 Filing 54
MEMORANDUM OF LAW in Support re: 47 MOTION for Summary Judgment. (Publicly Filed Version). Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Lehrburger, Robert)
November 21, 2007 Filing 49
EMERGENCY MOTION for Leave to File 1) The Exhibits Accompanying the Declaration of Jonathan L. Abram in Support of Defendants' Motion for Summary Judgment and 2) The Exhibits and Appendices Accompanying the Declarations of Ravi J. Sitwala with the Clerk of the Court.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross.(Abram, Jonathan)
November 6, 2007 Opinion or Order Filing 35
PROTECTIVE ORDER: regarding procedures to be followed that shall govern the handling of confidential material. (Signed by Judge Jed S. Rakoff on 11/5/07) (db) Additional attachment(s) added on 11/6/2007 (Espinell, Antonia).
October 10, 2007 Filing 32
ANSWER to Counterclaim. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc..(Zissu, Roger)
October 8, 2007 Filing 27
MEMORANDUM OF LAW in Opposition re: 24 MOTION to Dismiss.. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc.. (Diskant, Gregory)
September 21, 2007 Filing 25
MEMORANDUM OF LAW in Support re: 24 MOTION to Dismiss.. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (Abram, Jonathan)
September 12, 2007 Filing 13
NOTICE OF APPEARANCE by Raymond A. Kurz on behalf of Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross (Kurz, Raymond)
September 5, 2007 Filing 11
AMENDED COMPLAINT amending 1 Complaint, against Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. Document filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. Related document: 1 Complaint, filed by Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (jco)
August 28, 2007 Opinion or Order Filing 8
ORDER FOR ADMISSION PRO HAC VICE ON WRITTEN MOTION. Attorney Jonathan L. Abram for Learning Curve International, Inc. and Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc. admitted Pro Hac Vice. Because this action is assigned to the Electronic Case Filing (ECF) system, counsel shall immediately apply for an ECF password. (Signed by Judge Jed S. Rakoff on 8/27/07) (tro)
August 27, 2007 Filing 9
MOTION for Raymond A. Kurz to Appear Pro Hac Vice. Document filed by Learning Curve International, Inc., Magla Products, LLC, Water-Jel Technologies, Inc., First Aid Only, Inc., The American National Red Cross. (jco)
August 21, 2007 Filing 6
NOTICE OF APPEARANCE by Sarah Elizabeth Zgliniec on behalf of Johnson & Johnson, Johnson & Johnson Consumer Companies, Inc. (Zgliniec, Sarah)
August 20, 2007 Filing 5
CIVIL CASE MANAGEMENT PLAN: Joinder of Parties due by 9/15/2007. Amended Pleadings due by 9/5/2007. First request for production of documents due by 8/24/2007. Interrogatories due by 8/24/2007. Claims to offer Expert testimony due by 11/15/2007, Available for deposition within 10 days thereafter or by 11/25/2007. Opposition to claim of Expert Testimony due by 12/15/2007, available for deposition within 10 days thereafter or by 12/24/2007. Fact Depositions due by 11/8/2007, Expert Depositions due by 12/24/2007. Requests to Admit due by 10/8/2007. All Discovery due by 12/24/2007. Post-Discovery Summary Judgment Motions due by 11/21/2007. Responses due by 12/5/2007, Replies due by 12/12/2007. Final Pretrial Conference set for 1/4/2007 at 04:00 PM before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/16/2007) (jar)
August 13, 2007 Filing 3
NOTICE OF COURT CONFERENCE: counsel for all parties are to attend a conference pursuant to F.R.C.P. Rule 16 on 8/16/2007 at 3:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 8/13/07) (kco)
August 8, 2007 Filing 2
RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Johnson & Johnson as Corporate Parent. Document filed by Johnson & Johnson Consumer Companies, Inc..(tro) Additional attachment(s) added on 8/13/2007 (Polanco, Juan).
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Search for this case: Johnson & Johnson et al v. The American National Red Cross et al
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Plaintiff: Johnson & Johnson
Represented By: Roger L. Zissu
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Plaintiff: Johnson & Johnson Consumer Companies, Inc.
Represented By: Roger L. Zissu
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Defendant: The American National Red Cross
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Defendant: Learning Curve International, Inc.
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Defendant: Magla Products, LLC
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Defendant: Water-Jel Technologies, Inc.
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Defendant: First Aid Only, Inc.
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