Posted December 03, 2011
You just made my case. If it existed before, then the symbol was already too generic to lay a trademark claim on.
I already argued the logic of it. If you can't agree, then just leave it at that.
What logic? What you're saying doesn't make much sense. If it's visible from afar and easily understood, then how is that the Red Cross is the only one that can lay claim to it? There had to have been a time when the Red Cross association wasn't so well known or international and it was still understood as a health symbol then.
Also, if you add "Red Cross" to the trademark, you're not making it any more hard to understand, the basic symbol is still associated with the purpose. If you stylize it, you're adding more subtle marks to it to make it distinguishable as a trademark, from afar the symbol is still cognizably the same. Just like you can tell a coat of arms without knowing which faction it necessarily represents.
Even if the Red Cross was associated with them, the symbol is widespread and universal enough that to make legal claim to it is absurd. It's like Russia demanding payment because their flag was placed in a game. They can be as offended as they want, it's the restriction of a basic symbol to only their organization that's the problem.
here read this:
Art. 44. With the exception of the cases mentioned in the following paragraphs of the present Article, the emblem of the red cross on a white ground and the words "Red Cross" or " Geneva Cross " may not be employed, either in time of peace or in time of war, except to indicate or to protect the medical units and establishments, the personnel and material protected by the present Convention and other Conventions dealing with similar matters. The same shall apply to the emblems mentioned in Article 38, second paragraph, in respect of the countries which use them. The National Red Cross Societies and other societies designated in Article 26 shall have the right to use the distinctive emblem conferring the protection of the Convention only within the framework of the present paragraph.
and this: Use of the emblems in Canada
The Geneva Cross, emblem of the Red Crescent & Red Lion and Sun are protected under the Trade-marks Act. Section 9(f-h) "Prohibited Marks" states:
“ No person shall adopt in connection with a business, as a trade-mark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for ...the emblem of the Red Cross on a white ground, formed by reversing the federal colours of Switzerland, the emblem of the Red Crescent on a white ground, the equivalent sign of the Red Lion and Sun used by Iran
The Geneva Cross, emblem of the Red Crescent & Red Lion and Sun are protected under the Trade-marks Act. Section 9(f-h) "Prohibited Marks" states:
“ No person shall adopt in connection with a business, as a trade-mark or otherwise, any mark consisting of, or so nearly resembling as to be likely to be mistaken for ...the emblem of the Red Cross on a white ground, formed by reversing the federal colours of Switzerland, the emblem of the Red Crescent on a white ground, the equivalent sign of the Red Lion and Sun used by Iran
For one, it says "red cross on a white background", which we should've been more clear about before. It lessens the significance of either side of our argument somewhat.
Second, in that same clause it says "red cross on a white background AND the words" not or the words, therefore distinguishing the emblem in the way that I specified.
Lastly, the use of the emblem in Canada uses the exact terms "No person in connection with a business," whereas I would argue that the red cross is not used to associate with a business, it is just within the fiction of the game world.
As far as the logic goes, I was referring to the "'plus' sign" and "blood" argument, which I will stick to rigidly as far as a simple red cross goes (without the word and white background).
(The purpose of the red cross in the games is to heal (reduce suffering) whether in game or in war.)
(The time-frame for when the symbol was used previously does not matter... at least as far as the singularity of the red cross without the white background and words "Red Cross".) [It does matter somewhat, contextually (but not to my logic of previous establishment). I think I was a bit bullish, given the point we started out from (that the Red Cross was seeking some way to interfere with games by making it adhere to the Geneva Convention). It matters in a fairly complex way to some effect, I may get to that in a future post. I was inferring some trademark rational here though, so I'll drop the point.]
P.S. The quoting system is fairly aggravating. Is there someway to fix a post simply? I keep trying to box out at the bottom of the previous post, but it doesn't accept that. What worked (though I don't like the final results) was to box out the very first part of the reply and then enter a new quote tag at the start of the next reply... I could enter the quote number every time, but that wouldn't be simple.
Post edited December 04, 2011 by elus89