Naturopathic National Council, Inc. Issues 'Cease and Desist' Order to All 50 States for Fraudulent Use of 'N.D.' Licensing

13 February 2006

In an effort to protect consumers by raising awareness and protect Doctors of Naturopathy, who treat patients without the use of drugs and without surgery, the Naturopathic National Council, Inc. (NNC), represented by CEO and consumer advocate, Beverly Betancur, N.D. issued notification to legislative leaders and governors of all 50 states to cease and desist from issuing physician licensure of the trademarked designation Doctor of Naturopathy, N.D., and all derivatives thereof. Only the NNC has the right, guaranteed by trademark laws, to do so.

According to the NNC, states have been fraudulently issuing licenses designated "N.D." (Doctor of Naturopathy), to physicians who may have passed medical school classes or state certifications but who have not undergone the additional stringent procedures, background checks and testing prescribed by the Naturopathic National Council, Inc., who solely holds the right to issue this certification. In so doing, consumers are not being treated in accordance with the laws governing not only the trademark granted solely to this body, but who are being deliberately misled by those who have been issued the "N.D." licensure by states but who may be utilizing surgical procedures and/or pharmaceutical and non-organic prescribed treatments. "N.D.", Doctor of Naturopathy, intrinsically guarantees treatment that absolutely excludes pharmaceuticals, inorganic drug treatment or surgery. By definition, those practitioners who utilize these treatments cannot legitimately be licensed as "N.D.'s". At the same time, states have 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.

Beverly Betancur, N.D., has had a passion for helping others achieve and maintain the best of health through natural means, and has been counseling others on how to do so for over 10 years. When she earned her Doctor of Naturopathy degree, she, like many others, was frustrated with the lack of recognition, standardization, legal regulation and protection of the branch of medicine termed Traditional Naturopathic Medicine. Thus began the task of helping this immensely important health profession achieve its rightful place as a branch of healthcare available to all in the United States. Previously, the authority to regulate this profession was in the hands of "the people", or those within the profession. Dr. Beverly Betancur was the first to see it (as per the 10th Amendment to the US Constitution). Others wrongly assumed that the states were the only bodies with the authority to regulate a health profession.

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. Doctor Benedict Lust also used the title Naturopathic Physician.(TM) Thereafter, the derivative title Doctor of Naturopathic Medicine(TM) was designated to graduates of National College of Naturopathic Medicine in 1956, which is under the jurisdiction of the state. According to trademark common law, since traditional naturopaths were the first to use the title Doctor of Naturopathy on their degrees throughout the United States they have the ultimate right to this intellectual property. The Naturopathic National Council, Inc.(R), also owns the title Doctor of Naturopathy, N.D.(TM) and its derivative title Doctor of Naturopathic Medicine(TM) 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.(TM) do not belong to the branch of medicine licensed by any state. The state licensed medical profession is a system of therapeutics that uses surgery and inorganic medicinal agents, which is contrary to the philosophy of Doctor Benedict Lust, 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 the N.D. title in violation of 15 USCS Sec. 1125(a) of the Lanham Trademark Act.

According to the Naturopathic National Council, Inc., states have also violated its 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 Sec. 3 (1999). The state laws enacted to restrict the practice of traditional naturopathy violate traditional naturopaths right to freedom from involuntary servitude because legitimately Doctors of Naturopathy lack the freedom to select their employment and "The right to select one's employer is implicit in freedom from involuntary servitude." 45 Am. Jur. 2D Right to select employer Sec. 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 Sec. 4 (1999).

Several attempts have been previously made to inform states that they are in violation of the Naturopathic National Council, Inc.'s exclusive right to this title. All states must cease and desist using this title because the use of this title by any state is in violation of rights guaranteed by USCS Sec. 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, http://www.uspto.gov

According to Dr. Betancur, "The Naturopathic National Council, Inc.(R) owns the title Doctor of Naturopathy, N.D.(TM) and the derivative title Doctor of Naturopathic Medicine.(TM) The use of either title by individuals licensed by a state causes trade identity confusion; therefore, it is a violation of 15 USCA Sec. 1125(a) of the Lanham Trademark Act. Current naturopathy statutes are an infringement upon the NNC's certification mark. It is imperative that all states 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 the NNC's certification mark, the organization will seek the appropriate legal remedy." For more information, please see the pages entitled "Authority" and "Trademark" on http://www.naturopathic.us or contact Beverly Betancur, N.D. at 203-326-8781.

Contact: Ellen Jacob, Creative Marketing Solutions Consulting, LLC

Phone: 216.831.4686

Email:ebjacob2000@sbcglobal.net

Source: prnewswire

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