William O. Douglas

“ But whatever the purpose, the fact remains that the good faith use of the mark by the pre-1905 users was intended to be preserved unimpaired.
We cannot lightly infer that this specific right was intended to be swept away under the 1938 amendment to the Federal Trade Commission Act. Repeals by implication are not favored. Yet if the order of the Commission stands, the right granted or recognized by the 1910 Act becomes a nullity. For the use of the words and the symbol by good faith pre-1905 users becomes per se unlawful. ”

“ Sec. 4 of that Act made unlawful the use of the Greek red cross on a white ground or the words 'Red Cross' for the purpose of trade or as an advertisement 'to induce the sale of any article' or 'for any business or charitable purpose' by any person other than the American National Red Cross [1] or its duly authorized employees and agents or the sanitary and hospital authorities of the army and navy. ”

“ Respondent manufactures and sells toilet tissues and paper towels in interstate commerce. On each package or roll of one brand are a Greek red cross and the words 'Red Cross.' Respondent registered the words 'Red Cross' and the Red Cross symbol as a trade mark ”