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Private practice name

Discussion in 'Practice Management' started by robertthepod, Jan 13, 2012.

  1. robertthepod

    robertthepod Welcome New Poster


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    I am a private practitioner that bought a practice nearly 6 years ago which I have been building up since. My business is called (name of town) chiropody and podiatry clinic.

    In the last few months a new clinic has opened as (name of town) podiatry clinic. We are both hpc and society members but it has caused numerous problems.

    Has this happened to anyone else? Are they legally/morally allowed to do this. If this is allowed please be aware and protect your business.
     
  2. As far as I'm aware- if you can prove you have been trading under that name for a given time period (can't remember the exact time period) then no they can't use the same name as you. Your society should be able to help you.
     
  3. W J Liggins

    W J Liggins Well-Known Member

    It's a nice point but the new clinic is using a similar, although not the same name and therefore is not infringing any laws.

    One thing that you could do is to register the name of your clinic as a trademark. I know that this sounds 'unprofessional' but legally you will be on far more stable ground than relying on a professional body or the HPC. However, this may be locking the stable door after the horse has bolted.

    Bill Liggins
     
  4. I didn't spot the subtle difference, I thought they were using the same name. I guess the patients don't spot the subtle difference either. If the name is different, it is different.
     
  5. Disgruntled pod

    Disgruntled pod Active Member

    London talk radio station LBC 97.3 has a lawyer that does a legal hour on a Monday night 9-10. A VERY similar question came up on monday night but I did not quite get the answer.

    You can listen to LBC on the internet: www.lbc.co.uk and even submit a question to Daniel Barnett the resident lawyer, over the internet. You could also see what your professional body's solicitors say. The SCP use Thompsons solicitors. You can get free legal advice from them. Their number is on the back of your SCP membership card.
     
  6. Lizzy1so

    Lizzy1so Active Member

    You need to check out copywrite law and probably more relevantly Intellectual property legislation, as I understand it, if the name is similar enough to be causing confusion and loss of business then the law is on your side, if you were to set up a sign with two golden M's then your name chiropody I bet Mcdonalds would be banging at your door. You are entitled to a free half an hours legal advice from solicitors who are part of the legal aid system. Failing that check out http://www.ipo.gov.uk . It is highly unprofessional of this person to do this, and I think that The Society has some policy somewhere about this sort of thing. I am with you, this would totally wind me up.
     
  7. RobinP

    RobinP Well-Known Member

     
  8. Lizzy1so

    Lizzy1so Active Member

    ;)Perhaps a "wimpy burger" would be more your thing Robin
     
  9. RobinP

    RobinP Well-Known Member

    Harsh but true. How brilliantly 80s-wimpy!
     
  10. Lizzy1so

    Lizzy1so Active Member

    I don't know Robin, there is still a Wimpeys here in Newton Abbot, Devon. You get you burger on plate! and tea in a cup, until recently you could still have a fag while you ate, aaaaahh how things change:)
     
  11. Was in there last week. I miss smoking.
     
  12. Lizzy1so

    Lizzy1so Active Member

    Newton Abbot is the Brigadoon of the 80"s
     
  13. robertthepod

    robertthepod Welcome New Poster

    Spoke with the solicitors reccommeded by the society today. The law is on the side of the existing business but they only give advice I need to find a solicitor act for me!
     
  14. Yeah, but Grace (and me) loves Austin's toy department.

    I got Evil Dead and Phantasm on DVD for a couple of quid each via the market- result.

    Burgers at Wimpey were cack though. However, the fishmonger / fish and chip shop could rival any restaurant in the world. Proper old school brilliance.
     
  15. Lizzy1so

    Lizzy1so Active Member

    Perhaps a strong letter with the law stated in it will suffice, if not invest in a solicitor and get a letter written on your behalf, you need to think of the long term damage confusion over names can cause, you can get it back on your tax bill. Think of it as an investment.
     
  16. Lizzy1so

    Lizzy1so Active Member

    Simon, the evil dead still gives me nightmares, I hope Grace is not watching it with you yet! Poor little mite, you need to start of gently, say, with the Exorcist or something:)
     
  17. She loves that kind of thing.;)

    True story: yesterday we were walking Boo (the dog). Grace says to me: Daddy how long does it take to get to Sweden?

    Me: Well it depends on whether you fly or take a boat, sweetheart.

    Grace: What about if you walk?

    Me: You can't really walk from here darling as it's over the sea. It'll be quicker to fly than to take a boat, but you could do either. Why do you ask?

    Grace: We're going there.

    Me: Are we?

    Grace: No, not us silly; my class.

    Me: Your class are going to Sweden?

    Grace: Yes.

    Me: Are you sure?

    Grace: Yes.

    It was at this point that I remembered the letter from the school which I received last Friday regarding her school trip to the Eden Project in Cornwall.

    Eden / Sweden = same thing when you are six years old. Cool.:drinks
     
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