Commons:Deletion requests/File:WRCBarnstar.png

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File:WRCBarnstar.png

Image violates trademark protection of Red Cross granted by Congress and Geneva Conventions. See 36 U.S.C. § 300106 Jc3s5h (talk) 05:18, 14 May 2010 (UTC) revised 06?28 22 May 2010 UTC.

 Keep This is a difficult one. It makes me uneasy to see it used in this way, but I can't agree with the nom. The cited paragraph is not really relevant:

(a) Emblem and Badge. - In carrying out its purposes under this chapter, the corporation may have and use, as an emblem and badge, a Greek red cross on a white ground, as described in the treaties of Geneva, August 22, 1864, July 27, 1929, and August 12, 1949, and adopted by the nations acceding to those treaties.

(b) Delivery of Brassard. - In accordance with those treaties, the delivery of the brassard allowed for individuals neutralized in time of war shall be left to military authority.

We are not concerned here with trademark, and, strictly speaking, this does not infringe any Red Cross trademark as it is in a different line of business (an encyclopedia is not a humanitarian organization) -- there are around twenty US companies with "Red Cross" as a registered trademark unrelated to the International Red Cross. (Go here and search on "Red Cross"). If a Red Cross (both name and symbol) can be used in US commerce for shoes and toothache drops, among many other things, then why not here? . . . . Jim . . . . Jameslwoodward (talk • contribs) 12:44, 21 May 2010 (UTC)

There are two reasons that distinguish existing commercial usage in the US of a red cross from this case. First, the commercial uses were established before 1905, when the mark was granted to the Red Cross. Wikimedia is newer. Second, the file in question combines the Red Cross mark with a symbol associated with Wikipedia editors, the barnstar, which implies that the Red Cross endorses Wikipedia editors, or vice versa.

See also USC title 18 section 706, which forbids the unauthorized use of the Red Cross except for uses that already existed when the law was passed (that is, 1905). The 1905 date comes from a Red Cross document on a non-public website. Jc3s5h (talk) 03:05, 22 May 2010 (UTC)

•  Delete Aha. I knew it made me uneasy. I went back over the list of active trademarks using the Red Cross and find that they all (including, most notably, Johnson & Johnson) have first use dates in the nineteenth century, dating back as far as 1876. Thank you, Jc3s5h, for keeping us out of trouble:

"Shall be fined under this title or imprisoned not more than six months, or both."

Given the clarity of the law, I'm going to add a {{Speedy}} to this. . . . . Jim . . . . Jameslwoodward (talk • contribs) 11:54, 22 May 2010 (UTC) 'Delete