Red Cross stops use of red cross on book cover


Utilizing a well-known trademark for promotional purposes on a book cover can be alluring, yet it carries significant legal risks, as illustrated by a recent ruling from the Higher Regional Court of Hamburg. This case involved a book featuring a bleeding red cross on its cover, which critiques the German healthcare system. The plaintiff, the German Red Cross, possesses the exclusive rights to the red cross emblem under the Geneva Convention, as well as trademark registration pertaining to medical and social services. The publishing company, responsible for the book titled “Heal and Rule! A Healthcare Policy Tragedy,” found itself embroiled in litigation, as the German Red Cross was not mentioned within the text. The District Court ruled in favor of the plaintiff, leading to the defendant's appeal. The Higher Regional Court upheld the original decision, confirming that the use of the bleeding red cross constituted an infringement of the plaintiff's trademark rights, which are afforded protection due to their established reputation. The court noted that consumers would likely connect the mark to the healthcare services offered by the German Red Cross and affirmed that the defendant's intent to forge this link intensified the infringement. Furthermore, the court concluded that the book's cover unfairly exploited the distinctive reputation of the red cross emblem, associating it with a negative portrayal of the healthcare system. The judges highlighted that the unauthorized use of the red cross could tarnish its positive image, which is safeguarded by specific legal protections. In balancing the artistic freedom of the publisher against trademark rights, the court determined that the latter held greater weight, given the disparaging nature of the cover. Ultimately, this case underscores that using a trademark with a recognized reputation demands careful consideration, particularly when the connection to the trademark owner is tenuous or absent.



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