Judge dismisses part of J&J claim against Red Cross
A federal judge has dismissed part of the lawsuit brought by Johnson & Johnson against the American Red Cross seeking to restrict the relief organization's use of its iconic logo on first aid, health, safety and emergency preparedness products.
United States District Court for the Southern District of New York Judge Jed Rakoff granted a request by the American Red Cross to dismiss J&J's claim that the relief group promised not to engage in the sale of first aid, safety and emergency preparedness products, the Red Cross said.
The judge's ruling means that J&J cannot refile arguments on this claim.
Rakoff's order comes nearly three months after J&J first filed suit against the Red Cross.
The court has set a schedule for hearing remaining claims in the case early next year, the Red Cross said.
Rakoff, however, denied a request by the Red Cross and other defendants to throw out certain other breach-of-contract and interference claims brought by the drug maker.
J&J said it was pleased with the decision in a published report.
"It clears the way for Johnson & Johnson to proceed with seven of the eight claims that were originally alleged," Marc Monseau, a J&J spokesman told the Associated Press.