I just got this letter from an old friend (I've edited it for anonymity):
I'm a Red Cross volunteer. Because I'm pro-BME, i'm butting in where i don't belong. I learned in International Red Cross Class today that "misuse" of the Red Cross emblem is a criminal offense in the USA. I don't know what the charges are in Canada -- I just don't want to see you get screwed if another Red Cross member stumbles upon your site. They're really serious about this stuff. I think I'm supposed to immediately narc on you to National if i see a violation, but there's no way i could do that... you're part of HOME!!!The url is here: https://www.redcross.org/emblem/history.html
Incidentally, I did ask in class (did not name iwascured), and learned that editing the emblem so that it's not the same does count as misuse. I swear, I'm not trying to be a bitch. I feel like crap, but would feel worse if I kept my fat mouth shut.
OK… the laws surrounding the Red Cross are two part. First there are the criminal laws which have to do with misrepresenting oneself as a member of the Red Cross. In the US, the law specifically states, “for the fraudulent purpose of inducing the belief that he is a member of or an agent for the American National Red Cross”. I don't think there's any doubt that iWasCured is a suspension group totally unaffiliated with the Red Cross… No one is confused about that, right?
The other part of the law is more vague; it bans the use of the Greek red cross on a white background. (A Greek cross is just a cross where the arms are perpendicular and the same length.) First of all, the variation of the Greek cross that iWasCured uses is quite different than the Red Cross one (which is built on a 3×3 matrix). In addition, the iWasCured cross usually appears on black backgrounds — the white background is not an element of their logo. Finally, the words “Red Cross” or “Geneva Cross” are never used, whereas we quite often overlay the word “Cured”.
There is certainly no fraud or misrepresentation going on, and I think we're quite clear on any potential trademark-esque violations. In looking over all the lawsuits I could find surrounding use of the Red Cross symbol, the only ones that were successful were ones that were obvious identity theft. So… I don't think you'll be seeing Phil et al in prison over this any time soon.
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