Cease and Desist Order
Issued to all 50 States
February 6, 2006
Senator Burt L. Saunders, Chair
The Florida Senate
Health & Human Services Appropriations Committee
404 South Monroe St.
Tallahassee, FL 32399
Re: Cease and Desist Order
Dear Senator Saunders:
The state has continued to deprive traditional naturopaths of their title Doctor of Naturopathy, as inscribed on their degree, by wrongfully delegating it to a branch of medicine whose philosophy is contrary to its quintessential nature. Several attempts have been made in the past, to no avail, to inform you that the state is in violation of our exclusive right to this title. The state must cease and desist using this title because the use of this title by the state is in violation of our rights under 15 USCS § 1125(a) of the Lanham Trademark Act, and the Thirteenth and Fourteenth Amendment to the United States Constitution. According to the United States Patent and Trademark Office “Federal registration is not required to establish rights in a trademark. Common law rights arise from actual use of a mark. Generally, the first to either use a mark in commerce or file an intent to use application with the Patent and Trademark Office has the ultimate right to use and registration.” Trademark FAQ’s, www.uspto.gov
The title Doctor of Naturopathy was conferred to traditional naturopaths in 1905 by the American School of Naturopathy, in New York. The use of the title N.D. by Doctor Benedict Lust, the founder, is evident in an article published by The Chronicle -Telegram of Elyria, Ohio on January 24, 1936. According to The National Cyclopedia of American Biography in 1945, Doctor Benedict Lust also used the title Naturopathic Physician. ™ Thereafter, the derivative title Doctor of Naturopathic Medicine™ was designated to the state’s licensees by National College of Naturopathic Medicine in 1956. According to trademark common law, being the first to use the title Doctor of Naturopathy on our degree throughout the United States gives us the ultimate right to this intellectual property. The Naturopathic National Council, Inc.® also owns the title Doctor of Naturopathy, N.D.™ and its derivative title Doctor of Naturopathic Medicine™ because it is the first organization to file an application with the United States Patent and Trademark Office for this intellectual property.
The privileges related to the title Doctor of Naturopathy, N.D. ™ do not belong to the branch of medicine licensed by the state. The branch of medicine licensed by the state is a system of therapeutics that uses surgery and inorganic medicinal agents; this is contrary to the philosophy of Doctor Benedict Lust, the father of naturopathy, who stated definitively: “Naturopaths are Doctors minus Materia Medica (drugs) and Surgery.” Striding Through the States p.82. Stedman’s Medical Dictionary also defines naturopathy “as a system of therapeutics in which neither surgical nor ‘inorganic’ medicinal agents are used.” Therefore, the use of either title by individuals licensed by the state dilutes the distinctiveness of our title in violation of 15 USCS § 1125(a) of the Lanham Trademark Act.
The right to use the title Doctor of Naturopathy is a privilege that can be exercised only by individuals who meet the standards set by the schools that issue this title; nevertheless, the state licensing board is unlawfully delegating this title to persons who do not have this title inscribed on their degree. As stated in Blacks Law Dictionary, “A diploma is a document that evidences a license or privilege to practice a profession, such as medicine.” A diploma bearing the title Doctor of Naturopathy is the intellectual property of its bearer; therefore, the state cannot legally make or enforce any law which will abridge this privilege. According to Blacks Law Dictionary, a privilege is an “immunity granted to a person or class of persons.” The state has made or enforced laws, which have abridged the privileges and immunities of those bearing this title in violation of their rights under the Fourteenth Amendment to the United States Constitution, which says, “No state shall make or enforce any law which shall abridge the privileges and immunities of citizens of the United States.” The inherent right to practice and use the title Doctor of Naturopathy, N.D. gives our licensees immunity from penalties or liabilities imposed by the state.
As expounded previously, the state has also violated our right to freedom from involuntary servitude under the Thirteenth Amendment to the United States Constitution, which declares: Involuntary servitude shall not exist within the United States or any place subject to their jurisdiction. This provision is self-executing and any statute that is contrary to its terms is void. 45 Am. Jur. 2d Thirteenth Amendment § 3 (1999). The laws enacted by the state to restrict the practice of traditional naturopathy violate our right to freedom from involuntary servitude because we lack the freedom to select our employment and “The right to select one’s employer is implicit in freedom from involuntary servitude.” 45 Am. Jur. 2D Right to select employer § 9 (1999). Naturopaths have been sent into involuntary servitude for one hundred years by threatened use of the law although, “…Congress has made criminal the sending of persons into involuntary servitude…” 45 Am. Jur. 2D Federal Statutes outlawing slave trade; actions on vessels in slave trade § 4 (1999).
The Naturopathic National Council, Inc.® owns the title Doctor of Naturopathy, N.D.™ and the derivative title Doctor of Naturopathic Medicine.™ The use of either title by individuals licensed by the state causes trade identity confusion; therefore, it is a violation of 15 USCA § 1125(a) of the Lanham Trademark Act. Current naturopathy statutes are an infringement upon our certification mark. It is imperative that the state cease and desist giving this title to their licensees and amend the law to reflect this. If these statutes remain in the annals of the law, as an infringement upon our certification mark, we will seek the appropriate legal remedy. With all due respect, I suggest you immediately investigate this matter. If you lack jurisdiction over this matter, please forward this correspondence to the appropriate governmental body. All official correspondence sent to your office concerning this matter can be viewed at www.naturopathic.us.
Sincerely,
Beverly Betancur, N.D.
Chief Executive Officer
Cc: Attorney General Charlie Crist, Esq.
Governor Jeb Bush
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