What's in a Name? Protecting Your Practice Brand

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What's in a Name? Protecting Your Practice Brand

Ericka L. Adler, JD, LL.M

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April 29, 2022

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The business of medicine has changed over the past few decades and now, with the widespread use of social media by medical and dental practices, branding is more important than ever. I have several clients with fantastic and creative names and logos which they widely promote across the country.

When choosing a name for a practice, many physicians use the internet to check name availability or ask their lawyer or accountant to check the name database of the Secretary of State (or equivalent agency) for the state in which they are located.

Unfortunately, this type of search for a name and/or logo may be insufficient. I frequently have clients who receive demands from third parties to cease using a name or logo deemed to be infringing on the rights of another party after they have invested a substantial amount in their branding. This is usually for more "creative" names as opposed to generic names.

Even clients that use a marketing or branding consultant cannot assume that their chosen name or logo is risk-free. The cost for a practice to completely rebrand if they lose (or realize they are going to lose after consulting counsel) can be significant, so it is best to minimize this risk when possible.

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