just a little more prior art (hope the lawyers at J&J read slashdot)
American Red Cross - Clara Barton, Founder, rode in US Army (Union) Ambulances (wagons) during American War between the States (1861 - 1865). Union Ambulances of the time bore a red cross on the them. Pretty sure that gives her a legitimate claim as well. All predating J&J.
Without doing any research, I am willing to bet there are more examples Armies around the world using the Red Cross as a symbol all before J&J came into being.
Oh yeah, can anyone say The Crusades? Think the Knights Hospitaller (white cross on Red field) and the Knights Templar (a red cross on a white field). They were just a wee bit before J&J's time.
I have to admit. I really like the idea of J&J making a donation to the Red Cross and writing it off as advertising or charitable expense. Seems like every one wins.
One more item. Note to J&J CEO, William Weldon, fire the lawyer that thought this one up and his boss for not squashing it.