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27, 055 Mohawk Condensed Milk Co. 27, 758 National Sewing Machine Co. 28, 401 The R. Hoehn Co 28, 922

American Biscuit & Mfg. Co.
29, 579

Eurkea Fire Hose Co.
30, 428 American National Red Cross
31, 756 Charles L. Dorn
32, 253 E. & A. H. Batcheller Co.
32, 525 Mary C. Whelan.
33, 149

Johnson & Johnson
33, 150 do
33, 290 Canepa Bros.
33, 291 do..
33, 311 do
33, 324 F. Korbel & Bros
33, 537 Oscar S. Kulman
33, 538 James & Mayer Buggy Co.
35, 330 John A. Webster & Son
35, 412 Duquesne Distributing Co.
36, 109

Atlas Shear Co.
36, 325

Toiletine Mfg. Co. 37, 139

William D. Rea.
37, 800 R. G. Marcy Mfg.Co.
38, 096

J. B. & S. M. Knowles Co.
38, 426 John E. Ahrens
38, 570 Florence Mfg. Co.
39, 325 Hamilton Disinfectant Works
40, 305 Charles E. Whitehurst.
40, 661 Amer. Net & Twine Co.
41, 017 | Rouse, Hempstone & Co.
42, 675 American Felt Co.
43, 163 Andrea Agosto
43, 386 Emergency Accident Supply Co.
44, 810 Seabury & Johnson.
45, 891

Glen Alum Coal Co.
46, 037 M. Michaelis & Sons
46, 182 Eureka Fire Hose Co
47, 955

Marveline Co
48, 080

William T. Shute.
48, 192 The Wm. Bergenthal Co.
48, 667 Sands, Taylor & Wood Co.
49, 634 Chattanooga Paint Co.
50, 060 The Jno. B. Canepa Co.
50, 103 The Russ Co.
50, 396 The Jno. B. Canepa Co.
52, 258

Archie F. Baird.
50, 470

Charles Loonen
52, 782 Liebig Extract Co.
53, 573 Southern Spring Bed Co.

Condensed milk
Bicycles.
Thermometers
Peanuts.
Hydraulic or fire hose
Stationery
Pile remedy
Elastic goring
Toilet preparations
Antiseptic dressing-
Plasters
Macaroni.

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Wines
Brooms
Wheeled vehicles.
Bottles and syringes.
Mineral waters.
Shears and scissors
Disinfectants.
Pile cure
Windmills, etc.
Spoons.
Whisky
Brushes
Disinfecting material.
Insect powder
Fish netting
Shirts, collars, and cuffs.
Musical instrument wire
Olive oil
Emergency advertising cabinet
Surgical silk, etc.
Coal.
Flavoring extracts.
Fabric hose
Skin preparation
Canned fish
Brandy
Wheat flour
Mineral paint
Cereals
Laundry bluing-
Cereals.
Toilet paper
Toothbrushes
Beef extract.
Mattresses.

Sept. 10, 1895 Feb. 1, 1892.
Feb. 4, 1896 Dec. 15, 1895.
June 16, 1896 Feb. 1, 1896.
Sept. 29, 1896 Mar. 30, 1886.
Feb. 23, 1897 1875
July 27, 1897 Aug. 22, 1864
June 28, 1898 Dec. 1, 1897.
Dec. 20, 1898 July, 1896
Feb, 21, 1899 Aug. 1, 1898
June 27, 1899 April, 1888.
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July 1, 1898.
Oct. 10, 1899 July 25, 1899
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March, 1899.
Oct. 30, 1900 Sept. 1, 1900.
Nov. 13, 1900 Dec. 17, 1897.
Mar. 19, 1901 Jan. 1, 1900.
Apr. 30, 1901 Jan. 21, 1901
Oct. 1, 901 July 1, 1890
Feb. 11, 1902 Mar. 1, 1900
Apr. 15, 1902 July 1, 1901.
June 10, 1902 Dec. 8, 1892
July 8, 1902 A pr. 21, 1902
Nov. 18, 1902 March 1883.
May 12, 1903 Mar. 20, 1903
June 30, 1903 May 5, 1903.
Sept. 1, 1903 July 25, 1903.
May 24, 1904 1900
Aug. 16, 1904 Jan. 1, 1904
Sept. 20, 1904 April 1914.
July 25, 1905 January 1886.
Aug. 29, 1905 January 1905.
Sept. 5, 1905 November 1886.
Sept. 12, 1905 1875.
Nov. 28, 1905 Jan. 1, 1905.
Dec. 5, 1905 1885.
Dec. 12, 1905 1899.
Jan.

9, 1906 October 1896.
Feb. 13, 1906 Jan. 1, 1892
Feb. 27. 1906 April 1872.
Mar. 6, 1906 Sept. 15, 1893*
Mar. 13, 1906 April 1872.
May 8, 1906 Oct. 1, 1901.
Mar. 20, 1906 Feb. 11, 1899
May 15, 1906 Nov. 22, 1901
June 5, 1906 November 1904.

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Registered trade-marks, United States Patent Office, in which symbol or name of Red Cross or semblance thereof appears, Jan. 1, 1909Continued

Date since in use

Kind of cross

Words or color

1893
1887.
1893..
Aug. 1, 1901.
June, 1882

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“Red Cross."
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Red Cross.

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No. of
trade-
mark

Name registered

Articles protected

Registered

54, 249
54, 308
54, 309
54, 927
55. 053
55, 054
55, 208
56. 198
56, 828
57, 526

Johnson & Johnson

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American Pin Co.
Cooperative Foundry Co..

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Johnson & Johnson
Virginia-Carolina Chemical Co..
The Jno. B. Canepa Co.
American Washboard Co.

Suspensory bandages_
Surgical plasters.
Catheters and bougies.
Safety pins..
Stoves and heaters.

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Dental absorbents.
Fertilizers.
Macaroni, etc
Washboards.

June 26, 1906

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Aug. 7, 1906

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Aug. 28, 1906
Oct. 23, 1906
Nov. 13, 1906

1897

1898.

April, 1872. 1885.

You will observe that it includes several kinds of wines, liquors, beers, mineral waters, medicine, skin diseases, cattle medicines, cough drops, sausage colorings, pills, malt liquors, pile remedies, insect powder, toilet paper, suspensory bandages, fertilizers, washboards, whisky, and a very extensive advertiser of the emblem is a concern that manufactures dynamite and explosives. I do not need to dilate at length on the fact that it is certainly an anomaly to have appearing on the same sheet of a publication of the Red Cross, using its emblem as a messenger of mercy, and on the same sheet an advertisement of dynamite using the same emblem.

Mr. CROSSER. The two go together, do they not?

Mr. HARTFIELD. We have followed in the wake of dynamite heretofore, but we hope it will not be true hereafter. The activities of the Red Cross in the present war, of course, have increased the value of these trade-marks and I can say to this committee without any reservation at all, that there is not a single day goes by that we do not receive a complaint from some lady or man in America, calling our attention to the use of the Red Cross emblem; and we are constantly and daily receiving letters, particularly from small dealers who want to start in business and use the Red Cross emblem, asking why it is that we attempt to prevent them from using the emblem when concerns such as the large powder factory referred to and this large surgical concern in New Jersey are permitted to use the emblem, and to advertise it extensively. This concern in New Jersey, which is the principal offender, in my opinion, because it makes a class of articles where the emblem particularly lends itself to their interests, Johnson & Johnson, have gotten out even a Red Cross magazine or “Messenger," which they distribute to the drug stores throughout the country, and, unless you examine the publication with the greatest care, will lead to the impression that it is a real Red Cross publication and not a trade publication.

Mr. PURNELL. In what particular does that hamper the work of the Red Cross?

Mr. HARTFIELD. It hampers it in that the use of the emblem for commercial purposes tends to cheapen it, tends to make it appear to be a commercial proposition, tends to make it appear that we are lending our name and emblem to the commercial advantage of these people; and in a good many of these cures it tends to cheapen the emblem, just as the use of the American flag upon a pile cure, upon a toothache cure, or anything of that kind, tends to bring into bad repute the flag. The Supreme Court of the United States, speaking through Mr. Justice Harlan, in the Nebraska case

Mr. CROSSER. Have you found any concrete illustration of serious interference with your activities, as a result of this?

Mr. HARTFIELD. As I said just before you came in, every day we are written to by members of the Red Cross or chapter officials that these advertisements interfere with the operation of their work. For instance, a party in a town advertises a Red Cross shoe, the other merchants of the town will say, “Why can they use the name Red Cross, which gives the impression that it has either been approved by the Red Cross Society and that it is a health shoe in that it will preserve the shape of the foot, etc., and why is it that we cannot use the emblem?" The use of the emblem for commercial purposes does seriously embarrass the Red Cross officials in their work and does interfere with it.

This experience we have had is exactly the same that England and Canada had. In England and Canada, while the Red Cross Society used the emblem, they had no legislation until after this war commenced giving the Red Cross Society, the exclusive rights to its use. Most of those countries have now passed legislation giving to their Red Cross the exclusive right to use the emblem and, as I started to say a minute ago, in the flag case, the New York Court of Appeals first held that the statute in New York preventing the use of the flag for advertising purposes was unconstitutional if it applied to any products that had been manufactured before the law was passed. Å Nebraska court reached a different conclusion, and when the case came to the Supreme Court of the United States that court was unanimous in holding that a country had a right to adopt an emblem and that it had a right to protect it, and that not only it had a right to protect it, but the States had a right to protect it, and that the use of it for advertising purposes did certainly tend to cheapen it and therefore it could be prevented.

Mr. Watson. Does the Red Cross Association manufacture any goods for profit?

Mr. HARTFIELD. No, sir; the Red Cross does not manufacture any merchandise of any kind, and is not engaged in commercial business of any character.

Dr. Axson. Take this Johnson firm, by way of example: We are hurt, in that a great proportion of the public is being deceived, and remember it has also been adopted as the emblem of the sanitary service of the Army, by action of the Geneva convention and its use does, I think, give an unfair idea that somehow a firm using this emblem makes products that are necessarily of 100 percent purity if they are manufacturing something in connection with the Red Cross.

Mr. Watson. Do the corporations that use the emblem subscribe largely to the Red Cross in view of the fact that they use the emblem?

Mr. HARTFIELD. Absolutely, no. We have refused to permit them to divide profits with us or to advertise in our publication.

Mr. Watson. Do you have applications from them?

Mr. HARTFIELD. We have constant applications asking for permission to divide profits, and in order that we should not be parties to creating the impression that we are interested in these enterprises, in our own magazine we have refused advertisements from Johnson & Johnson, and from everyone else. For instance, I am told they offered to give us a substantial Red Cross magazine advertising contract, and we also had a similar offer from a Red Cross shoe concern that manufactures shoes in Cincinnati, but we have consistently refused to lend ourselves to any of these commercial ventures.

Mr. Watson. You depend entirely upon public subscriptions?

Mr. HARTFIELD. Yes. I want to conclude what I have to say by calling attention to the fact that we are a quasi-governmental agency and have been so held, not only by the Attorney General and the Solicitor General, but by the Treasury Department in a number of rulings. The charter that creates the Red Cross declares that it shall be the organization referred to in the Geneva convention, to operate with the sanitary service of the Army in connection with sanitary

service in time of war, and the charter also gives us broad powers of civilian relief in cases that are not connected with war, such as the explosion that occurred up in New Jersey, and the forest fires in Minnesota, and earthquakes, such as that at San Francisco.

The charter provides that one-third of the members of the governing body shall be appointed by the President and that there shall be one representative from the State, Navy, and War Departments, and the Department of Justice and the Treasury Department. The chairman of the central committee, who is at present Mr. Taft, is also appointed by the President, and the accounts of the Red Cross are audited by the War Department, and the treasurer of the Red Cross is the Comptroller of the Currency. The Solicitor General has ruled that by this charter and the terms of the Geneva Convention we are a governmental agency, and the Treasury Department has ruled that we are such a governmental agency that we do not have to pay internal-revenue taxes or the war taxes. A bill was passed by Congress also permitting us as a governmental agency to import goods into the United States for free distribution without the payment of duties.

We submit to you in all seriousness and in all earnestness that the use of these trade emblems by these commercial houses does impair the usefulness of the Red Cross; that it will bring no hardship to any of these concerns to take the right away from them, because all of them commenced the use of it after the United States had become a party to the Geneva Convention in 1882; that they all commenced the use of it with knowledge of the fact, or they were chargeable with knowledge of the fact, that by the provisions of this treaty to which the United States had become a party it was the emblem of the sanitary service of the Army and of the societies charged with this relief work by the treaty. I also submit to you that the Red Cross societies of our allies ought to be protected, because they have adopted legislation giving to their Red Cross societies the exclusive right to use the emblem, and we believe that we ought to adopt legislation as broad as that which they have adopted.

Of course, it will be argued to you that some of these concerns have spent a great deal of money in advertising these emblems, and that it has become a valuable property to them; but the fact is that they undertook to use it after this treaty was established, and they are certainly in no better position than people who had used the flag for an emblem and who had advertised their products with the American flag as part of it. Those firms have all continued in business, and the injury which they predicted they would suffer from discontinuance of the use of the trade-mark did not materialize.

Mr. Watson. Do you know of any applications made to the Patent Office in order to patent the emblem?

Mr. HARTFIELD. No; but they have registered them under the trademark act in the Patent Office prior to 1905, and I have given a list of some of them.

Mr. Hughes. Here is a letter dated January 20, 1919, from a manufacturer in New York, who wishes to know why he does not have the right to use the Red Cross if some of his competitors have the right to advertise it, and he includes a clipping from a magazine containing an advertisement of a competitor using the emblem.

72688—42-25

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