Posted by: Robert Markette
January 15, 2007

For those of you who know me, you know I am a big fan of gadgets. As such, I was very interested in the recent Apple iPhone announcement. I would not normally post something like that on this blog, except almost immediately after announcing the iPhone, Apple was sued for trademark violations by Cisco systems. I mention this, because large computer manufacturers are not the only ones who find themselves embroiled in trademark lawsuits.

More and more, home health and hospice companies are finding themselves involved in the world of trademark law. Some agencies have been surprised to find themselves on the receiving end of cease and desist letters form other home health and hospice companies claiming a violation of a trademarked name. This can be problematic, because of the number of agencies who use certain phrases in their names, most home health companies will use Home, Residential, Medical, etc. In some cases, agencies in different areas use the same name.

This seems to be more and more common, due to a number of factors. First, many agencies are now using web sites to advertise their company and to communicate with patients. Before the use of the internet, the local nature of home health meant that many agencies were never aware of other companies using the same name. In other words, even a home health or hospice company held a trademark, it might not have realized another company was using the same name in another area. Because it was unaware of the other user, it would not have thought to file a suit.

Second, larger home health companies and franchises have become more concerned about name recognition and branding as the home health and hospice market becomes more competitive. These companies are in multiple regions and spend a great deal of money on advertising, etc. In the competitive home health and hospice market place, they are driven to ensure others do not trade on their established name.

These two factors have resulted in more agencies seeking to protect their brand through enforcement. It has also led to companies in widely separate geographic markets to send letters to other agencies, even when an alleged violation is, at best, weak. As the home health and hospice industry continues to grow, as individual providers grow, and as the marketplace becomes more competitive, we may see more trademark issues crop up, even for the smaller home health and hospice providers.

For newer agencies or those considering starting up agencies or hospices, I have posted previously about steps you can take to try to avoid even accidentally stepping on another companies trademark. At a minimum, this is one more reason to hire a lawyer early in your effort to open a home health or hospice company. (Yes, I know, shameless.)

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