MESSAGE FROM PRESIDENT TRANSMITTING REPORT FROM ACTING SECRETARY OF STATE A REPORT FROM THE ACTING SECRETARY OF STATE WITH AN ACCOMPANYING DRAFT BILL, DESIGNED THE MORE EFFECTIVELY TO CARRY OUT OUR OBLIGATIONS UNDER THE RED CROSS CONVENTION OF 1929 APRIL 6, 1942.-Referred to the Committee on Foreign Affairs and ordered to be printed To the Congress of the United States of America: I am transmitting for the consideration of the Congress the enclosed report from the Acting Secretary of State, with an accompanying draft bill, designed the more effectively to carry out our obligations under the Red Cross Convention of 1929. I commend the report and the proposed legislation to the favorable consideration of the Congress. FRANKLIN D. ROOSEVELT. (Enclosures: (1) Report; (2) draft bill.) THE WHITE HOUSE, April 3, 1942. The PRESIDENT: The protection of the emblem of the Red Cross and the words "Red Cross" and "Geneva Cross," which was important in times of peace, is even more important now that we are at war, and makes it necessary to take steps to prevent their use for commercial purposes. The Red Cross was given its distinctive name and emblem by the convention of 1864. The United States became a party to that convention in 1882. The first American National Association of the Red Cross was formed in Washington in 1881. From the beginning it was contemplated that the distinctive name and emblem should be used only by governments, through their medical, sanitary, and relief services, and by the national societies to be formed in the different countries. Unfortunately, our legislation has never been entirely adequate to protect either the name or emblem against commercial exploitation. It was not until January 5, 1905, when the American National Red Cross was reincorporated by act of Congress, that commercial exploitation was prohibited by Federal statute; and the prohibition enacted was effective only as to persons or corporations not then "lawfully entitled to use the sign of the Red Cross." Two years later, in 1907, on becoming a party to the revised Red Cross convention of 1906, the United States assumed an express obligation under the convention to prohibit all commercial exploitation. Notwithstanding the obligation thus freely assumed, the act of June 23, 1910, contains a clause providing that— no person, corporation, or association that actually used or whose assignor actually used the said emblem, sign, insignia, or words for any lawful purpose prior to January fifth, nineteen hundred and five, shall be deemed forbidden by this Act to continue the use thereof for the same purpose and for the same class of goods The obligation assumed under the 1906 convention was amplified and reaffirmed in the Red Cross convention of 1929, to which the United States became a party in 1932, but nothing has been done. with respect to amending the acts of 1905 and 1910 so as to carry out the obligation contained in chapter VIII, article 28, of that convention which provides: The Governments of the High Contracting Parties whose legislation may not now be adequate shall take or shall recommend to their legislatures such measures as may be necessary at all times: a) to prevent the use by private persons or by societies other than those upon which this Convention confers the right thereto, of the emblem or of the name of the Red Cross or Geneva Cross, as well as any other sign or designation constituting an imitation thereof, whether for commercial or other purposes; b) by reason of the homage rendered to Switzerland as a result of the adoption of the inverted Federal colors, to prevent the use, by private persons or by organizations, of the arms of the Swiss Confederation or of signs constituting an imitation thereof, whether as trade-marks, commercial labels, or portions thereof, or in any way contrary to commercial ethics, or under conditions wounding Swiss national pride. The prohibition mentioned in subparagraph a) of the use of signs or designations constituting an imitation of the emblem or designation of the Red Cross or Geneva Cross, as well as the prohibition mentioned in subparagraph b) of the use of the arms of the Swiss Confederation or signs constituting an imitation thereof, shall take effect from the time set in each act of legislation and at the latest five years after this Convention goes into effect. After such going into effect it shall be unlawful to take out a trade-mark or commercial label contrary to such prohibitions." Other nations recognizing their treaty commitments have enacted laws to prevent the use of the name and emblem for commercial purposes. I am told that the extent to which the name and emblem is presently being used in the sale of varied products has grown out of all proportion to its commercial use in the period prior to the passage 72688-42- -28 |