Zdravotní klaun vs Dr. Klaun
Dear Reader,
As we have received many requests in the past, asking to clarify the difference between the two main hospital clown initiatives in the country, Zdravotni Klaun and Dr. Klaun, we will offer here a short summary of the common and often troublesome history of these two endeavors.
C4C´s perspective:
It has always been Chance 4 Children´s policy to cooperate and exchange best practices with fellow NGOs and like-minded organizations, as we pursue our respective goals to make this world a better place for children less fortunate than our own.
We do not see the Zdravotni Klaun initiative as a threat to our work, but in principle welcome their engagement in the realm of hospital clowning. We would prefer to work alongside of them in a spirit of cooperation and cordiality. Hospitalized children deserve, and have a right to, as many visits from clowns and laughter specialists as can be provided for them. However, this approach has so far been thoroughly rejected by Zdravotni Klaun in favor of confrontation and aggressive competitiveness.
We regret this attitude, but will not shy away from legally confronting them, as we have in the past, when they cross common lines of decency and digress into mud-slinging and spreading rumors and false accusations against Chance 4 Children.
Zdravotni Klaun vs Dr. Klaun
History:
Chance 4 Children launched its Dr. Klaun platform in 1999, becoming the first and original hospital clown initiative in the Czech Republic.
Zdravotni Klaun, led by American Gary Edwards, followed suit in 2001.
Co-existence of NGOs in the country:
Over the years many NGOs with the goal of aiding socially disadvantaged, institutionalized and ill children established themselves in the Czech Republic. Even though having different goals and aims, cooperation between these entities can be described as cordial, helpful, collaborative and supportive.
Zdravotni Klaun employs aggressive and competitive behavior:
Because of the above mentioned general benevolent and cooperative spirit between NGOs, it came as a surprise that Zdravotni Klaun literally became the proverbial Elephant-in-the-China-Shop, bullying and intimidating other organizations it perceived as “competition”! After learning in 2009 that the Human World NGO, established by Jean-Christophe Gramont, was planning to launch a hospital clown initiative in Prague, Human World received a phone call from Gary Edwards, which according to Mr. Gramont “can only be described as intimidating, aggressive and bullying”, with the aim of trying to get Human World to stop before it even got off the ground. (Appendix 1, available upon request)
Money is the reason: Zdravotni Klaun disparages Chance 4 Children:
Starting in 2005, it became apparent to Chance 4 Children that Zdravotni Klaun aggressively and systematically engaged in trying to discourage hospitals from enlisting the services offered for free from Chance 4 Children´s Dr. Klaun initiative, by claiming that C4C´s clown were “amateurs” and even “dangerous”, even though clowns employed by Dr. Klaun undergo rigorous training and adhere to best practices and standards.
It became apparent that the real motive behind this campaign was money. Mr. Edwards viewed Dr. Klaun as competition, rather than colleagues, and in several phone conversations with our team he stressed that we were “confusing his sponsors”.
“There can only be one hospital clown association in the country”, Edwards stated.
Zdravotni Klaun trademarks (steals) Dr. Klaun name - sends C4C “Cease and Desist” order via law office:
In 2011 Zdravotni Klaun through its founder, Gary Edwards, and its law office, J. Svejkovsky, informs C4C that it had trademarked the name Dr. Klaun and, effective immediately, ordered C4C to stop its Dr. Klaun activities in the Czech Republic, alleging C4C was using the name “illegally”. (Appendix 2 & 3, available upon request)
Zdravotni Klaun threatening C4C sponsors:
At the same time C4C received reports from many of our regular sponsors, that they had received messages from Zdravotni Klaun, warning them that they were supporting an “illegal association” who stole the Dr. Klaun name from them and urging them to switch support to Zdravotni Klaun. (Appendix 4 available upon request)
C4C´s legal team responds with threat of counter law suit:
Led by Dr. Erwin Hanslik of now Taylor Wessing Law Offices, the C4C team responded forcefully, requesting from the Bureau of Industrial Trademarks to rescind the claim of ownership of the Dr. Klaun name from Zdravotni Klaun and restore it back to its rightful owner, Chance 4 Children. At the same time C4C´s legal team threatened Zdravotni Klaun with a comprehensive law suit, should it object to the transfer of names/trademark back to C4C. (Appendix 5, available upon request)
C4C presented irrefutable proof to the authorities that it had operated under the Dr. Klaun moniker since 1999 and that the Zdravotni Klaun organization had registered the name in bad faith to try to eliminate what they perceived to be “competition in the market place” - notwithstanding the fact that said “market place” did not even exist.
Zdravotni Klaun loses legal challenge and yields Dr. Klaun name back to Chance 4 Children:
Under threat of a costly law suit, which it was destined to lose, Zdravotni Klaun agreed to transfer the Dr. Klaun name back to Chance 4 Children and apologize to the C4C sponsors it contacted in bad faith. The name Dr. Klaun then became a registered Trademark of Chance 4 Children. (Appendix 6, available upon request)
Even though Zdravotni Klaun lost this legal battle, the organization continued to disparage the Dr. Klaun initiative. To this day, C4C receives communications from hospitals; complaining about harassment and threats from Zdravotni Klaun, discouraging them from enlisting Dr. Klaun´s services. In order to eliminate what they perceive to be “competition”, they go as far as making the hospitals sign exclusivity contracts, forbidding other clown organization to operate at their hospitals.
Examples of past intimidation and bullying:
……………. Hospital (name of hospital withheld – available upon request):
The head nurse of the hospital informed C4C about a phone call from Zdravotni Klaun, stating that she never in her life had been talked to with such rudeness and arrogance. The aim of the call was to discourage the hospital from enlisting Dr. Klaun´s services. Consequently, she cancelled all cooperation with Zdravotni Klaun, giving C4C exclusive access to the hospitals children´s wards.
…………. Hospital (name of hospital withheld – available upon request):
We were informed by the chief pediatrician that he had received a very arrogant, aggressive and offensive phone call from Zdravotni Klaun. According to him, the caller “sounded like a mad person, literally out of his mind”! Calling the Dr. Klaun initiative “amateurish and unprofessional”, the caller demanded the hospital switch clown services to Zdravotni Klaun. The hospital declined and cut all ties with Zdravotni Klaun.
………….. hospital (name of hospital withheld – available upon request):
The hospital contacted C4C, enquiring about the conditions of our Dr. Klaun hospital clown services. Up to this point the hospital had received visits from Zdravotni Klaun. However, based on many negative reports regarding the performance of the visiting clowns, the hospital decided to look for alternatives. Again, reports of rude and arrogant behavior surfaced, this time on behalf of the clowns themselves. According to the hospital staff, when children heard that Zdravotni Klaun was coming, they would hide in the WC and showers, so that they did not have to come into contact with them.
After the first Dr. Klaun visit to the hospital, the staff member in charge of non-medical, social services exclaimed: “Your clowns are nothing like Zdravotin Klaun! You are personal, sensitive and adjustable. Everyone, young and old, had a great time. Even I couldn’t stop laughing. We want you in our hospital.”
After learning that this hospital switched to regular Dr. Klaun visits, the Director of Zdravotni Klaun stated in a meeting with the hospital, that the hospital would expose itself to danger and with that decision would also endanger resident hospitalized children.
The hospital nevertheless stood by its decision to cooperate henceforth with Dr. Klaun.
Latest News Flash (as of 1st of June 2021): ZK (again) up to the same old tricks!
We were just being made aware of the fact that Zdravotni Klaun pays Google/Alphabet to redirect any Dr. Klaun Internet search requests to Zdravotni Klaun. With other words, people searching for a way to support Dr. Klaun, would be redirected to Zdravotni Klaun, suggesting that both organizations are the same. (Appendix 7, available upon request)
The C4C legal team is currently preparing a response to this egregious and possibly criminal action. But, it goes to show again that Zdravotni Klaun is using the cover of a beneficial organization, to hide the fact that at its core it is an intransigent business enterprise, bend on eliminating what they perceive as competition on the “clowning marketplace”.
This is sad and so very unnecessary.
