Ethically, is it ok to knowlingly name your clinic the same as another well known clinic without permission?

Comments

Tongkuai's picture

I guess Australians are

I guess Australians are lucky that we have a registered trading name. once it's registered another person cannnot legally trade under that name in your state. 

Also you can't get the website domain www.LEGALTRADINGNAME.com.au unless you have legal trading name registration. 

Even if it was legal, i think it's pretty unethical if you knowingly did something like this. Perhaps the name could be registered as a trademark in the US?

L Brown's picture

Another Acubalance - lets all name our clinics Acubalance

Wow, another clinic named Acubalance has set up a facebook page.

I hope they have a link to Acubalance.com

Is everyone going to name their clinic Acubalance? With the age of the Web and with Acubalance (www.acubalance.ca and www.acubalance.com) being on twitter and face book and having a great presence it is hard to imagine a new practitioner not being aware of this name. Please do your best to be original and use your creative Qi to think of a unique clinic name.

Obviously the title is being sarcastic. There are now 2 Acubalance clincs in Chicago, one in the Colorado and a few more in the States as well Europe.

Lorne
www.acubalance.ca
www.prodseminars.com
www.tcmtv.net

pointsofhealing's picture

Frustrating

 This has also happened in Florida with my clinic name. Just weeks after opening my clinic another clinic showed up with the same name. There was no record of the DBA and the only other clinic I found by the same name was in Canada. I don't know that I would have been so upset if it had been in another state but this is just across the state from my clinic. When I inquired with the State I was told basically the same thing that is stated here that you don't 'own' the name. So someone could go to the next town and open a clinic by the same name. Very frustrating when I did my homework to make sure that I wouldn't infringe on someone else's creativity only to have it come back at me.

Margaret Ashton, DOM, LAc
Points of Healing Community Acupuncture Clinic
Englewood, FL 34223
(941) 473-7031

MCz's picture

Clinic naming

Unless the name is trademarked or used as a corporate name/identity there's no reason not to.

For example, I made up a name, golden needle acupuncture, to see what came up on ggogle and found lots of people/clinics/businesses using this name. By the way, when you register your business name you can't use the same name as another business in your own city.

If you are concerned about your clinic name then go through the trademark process or incorporate your medically practce.

 

MichelC

mach5's picture

Ethics and Legality

Is it legally wrong? Perhaps not.

But ethically reprehensible, yes.

If you are going take the time to build a clinic and you are looking for a name, you obviously are going to see if someone else is already using it. If they are, and you use it anyways, you are knowingly doing so. There is no "Oh, i didnt know". Unless the other person is not on the web at all.

If you didnt google your clinic name before naming it.... um, welcome to business in the 21st century. Good luck.

Kirsten Karchmer's picture

reprehensible!!!

Kirsten Karchmer M.Ed., L.Ac. M.S. FABORM The Texas Center For Reproductive Acupuncture

I find it absolutely reprehensible that a clinic would knowingly choose the name of their clinic to profit from the success and profile of a colleague.  As acupuncturists, we are faced with a dilemma of credibility. Our profession is so often viewed as a fringe therapy with mysterious benefits.  That said, it is our obligation to endeavor to uplift the professionalism of Traditional Chinese Medicine.  How can we do this when we are pillaging names of incredibly successfully clinics to benefit from the hard work and years of dedication that our colleagues have given to our profession? In my opinion, Lorne’s hard work and commitment to advancing Traditional Chinese Medicine (and especially reproductive acupuncture) more than any other practioner in our field and this is how he is repaid…with thievery?

 

I hope that the folks at acubalance Chicago are aware that they are breaking the law and it is my greatest hope that they will chose the high road and do the right thing…not only for themselves but as our colleagues and as professionals.

 

I encourage everyone who shares in this outrage to contact the acubalance in Chicago and voice your opinions about stealing another clinics name. 

 

Kirsten Karchmer M.Ed., L.Ac. M.S. FABORM
The Texas Center For Reproductive Acupuncture