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Keywords & professional conduct to other podiatrists

Discussion in 'United Kingdom' started by simonfeet, Mar 24, 2014.

  1. simonfeet

    simonfeet Active Member


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    Like many other podiatrists , I use Google & keywords to advertise my practice.
    One of my keywords is podiatry & amongst others are the district I practice & some of the neighbouring ones. I also pay for Adwords to get me higher up the list.

    I would value some feedback as to what the PA forum thinks about
    A) A podiatrist trying to take legal action against me because they've managed to trademark the word podiatry when used alongside one of the aforementioned districts in which they happen to practice. This is not the name of their practice by the way.
    B) That person's only communication with me has been a phone call to me, out of the blue,in which I asked them to put their concerns to me in writing. Nearly a year later I then received a solicitor's letter theatening me with legal action, giving me 14 days to abide by their orders.
    C) I would value what people thought of their behaviour from a professional conduct point of view. I would add the professional association has been rather weak, up until now in their dealing with this matter.
     
  2. davidh

    davidh Podiatry Arena Veteran

    Take this up directly with the HCPC. They will be very interested to hear someone has trademarked podiatry, even as part of a longer title.
    Send a letter back to the solicitor informing him/her of your action.

    If you're worried get legal advice from your professional body. If they won't, or can't give it, change professional bodies.
     
  3. Craig Payne

    Craig Payne Moderator

    Articles:
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    Firstly, get legal advice.

    Secondly, Google has a policy on the use of trademarks in Adwords: https://support.google.com/adwordspolicy/answer/6118

    Thirdly, the law will vary from country to country regarding this, but my undertsanding that no one has been able to legal enforce this in any country except one (France, i think)

    Fourthly, Google want to be able to do this for two reasons: (1) they get paid more and (2) it provides more options on the search results page for their users

    Fifthly, like David I surprised that it is even possible to register a trademark: "'Location' Podiatry" - are you sure they have a trademark for that or is it just a registered business name for that. If its just a registered business name (or whatever you call it in the UK), then I doubt they have a case like they might for a trademark.

    Sixthly, if they have a trademark on "Location Podiatry" and you are worried about this, then you simply use the term "podiatry, location" in your Adwords - I can't see how they can come close to making a case against you.

    Seventh, I no lawyer, but even if they have a trademark and even if they think they have a case; my understanding is that they have to show that you are using their trademark in a misleading way. As long as the advert that you are displaying does not mislead people, then my assumption is that you are OK. If however, your advert does mislead people to think that you are "Location Podiatry" - you just need to make sure your advert is clear that you are "podiatry in location"

    Eigth, its still murky legal water: see re the Interflora v Marks and Spencer case http://www.lawgazette.co.uk/62692.article and http://www.own-it.org/news/google-adwords-interflora-v-marks-spencer

    Ninth, the EU court has ruled its OK: http://www.out-law.com/page-10847 , but provided some circumstances ...

    Tenth, get legal advice

    As to the professional behavior issue, I not sure how to respond. People invest good money in building a reputation around a trademark, so have right to defend it.
     
  4. simonfeet

    simonfeet Active Member

    Thanks
    My 'association' never told me to contact the HCPC which seems remakable.
     
  5. davidh

    davidh Podiatry Arena Veteran

    You talked to the wrong person:D.
    If you're with the BCPA they have good legal cover. Ask them about that, but do check with the HCPC.
     
  6. Craig Payne

    Craig Payne Moderator

    Articles:
    8
    Simon - can you keep us informed how this goes?
     
  7. simonfeet

    simonfeet Active Member

    Will do. Thanks
     
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