Update to Components Regarding Life Time, Inc.Dear Component Leaders, Term and title protection have been foundational to the physical therapy profession for most of its history. Use of the term physical therapy and the ability to call oneself a physical therapist are regulated by state boards in all U.S. jurisdictions and holds an individual accountable for recognized practice through licensure. This licensure standard provides individuals, who achieve licensure, with the ability to use the terms and credentials associated with this achievement and its associated accountability. This public policy is essential for public protection and consumer recognition. It is not uncommon for entities to attempt to use the terms and title of associated credentials to achieve greater recognition or to market their services to the public as being similar or synonymous with the privilege and accountability that is associated with these terms, title, and credentials. Recently, the importance of term and title protection has been compromised by digital health entities that sought to provide coaching services under the misrepresentation of the services as physical therapy. APTA has engaged in efforts to ensure these digital companies meet recognized legal requirements and ensure public protection to correctly identify care when provided by a regulated and accountable health care profession. In addition, a national fitness chain, Life Time Inc., has launched a program that utilizes the term "DPT" as part of their "Dynamic Personal Training" program in a fashion that APTA believes is inappropriate, compromises public trust, and trades on the professional reputation and creditability of the physical therapy profession. APTA has been engaged in efforts to prevent Life Time, Inc. from registering and using the term DPT as a trademark or part of a trademark that is deceptive or deceptively misdescriptive of its services to the relevant public as well as efforts to ensure use of the term DPT does not conflict with or violate state licensure laws and enforcement. As a leader in the physical therapy community, APTA wanted to provide you with a summary of actions that APTA has pursued collectively and independently. We are committed to protect the use of DPT for consumers and for the profession. Timeline of Action December 15, 2022 – APTA sent correspondence to the CEO of Life Time, Inc. outlining our concerns with their use of the initials DPT and highlighting the potential violation of state law. APTA offered to meet to discuss our concerns with Life Time. May 17, 2023 – APTA, though our legal counsel, filed an initial 30-day request for extension of time to oppose Life Time, Inc.'s trademark application for DPT DYNAMIC PERSONAL TRAINING and design. June 14, 2023 – APTA, though our legal counsel, requested a further 60-day extension of time to oppose Life Time, Inc.'s trademark application. October 10, 2023 – Life Time, Inc. responded that they do not believe the DPT – Dynamic Personal Training program trademark is confusing or misleading to the public, and they declined to make modification to the trademark or use of DPT – Dynamic Personal Training (Letter from Faegre Drinker Biddle & Reath LLP – counsel to Life Time, Inc.). October 16, 2023 – APTA filed trademark opposition with the U.S. Patent and Trademark Office. The opposition proceeding was instituted and is pending. Actions that Components Can Take
APTA will continue to pursue appropriate action to prevent the trademark use and registration of the term DPT by Life Time, Inc. when this credential and identification has been a protected part of the title protections afforded in state licensure law governing physical therapists. APTA will also seek efforts with Life Time, Inc. to create a program and serve their members with high quality personal training that is easily identifiable and clear to consumers and does not create confusion with a recognized and licensure health care profession, service and standard. APTA will provide additional updates as they become available. If you have any questions or concerns, please feel free to contact the undersigned at APTA. Sincerely, Justin Moore, PT, DPT |