Pillsbury Winthrop Shaw Pittman LLP
1200 Seventeenth Street, NW | Washington, DC 20036-3006 | tel 202.663.8000 | fax 202.663.8007
March 16, 2015
Patrick J. Jennings
Phone: 202.663.8918
[email protected]
For Settlement Purposes Only
Subject to F.R.E. 408
VIA EMAIL
Ms. Isis Phoenix
65 Wes 55th Street, Apt. 7B
New York, NY 10019
E-mail: [email protected] and [email protected]
Re:
Infringement of the Yoga Alliance Trademark
Our Ref. 25741-000012
Dear Ms. Phoenix:
We represent Yoga Alliance in connection with intellectual property matters. Yoga
Alliance is the largest nonprofit association representing yoga teachers, schools, and
studios in the United States. You can find more about Yoga Alliance at
www.yogaalliance.org.
Yoga Alliance owns a federal registration for the trademark YOGA ALLIANCE.
This registration, a copy of which is attached to this letter, gives Yoga Alliance the
exclusive, nationwide right to use the YOGA ALLIANCE mark in commerce in the
United States. Under federal law, no one may use the YOGA ALLIANCE mark
without Yoga Alliance’s prior written permission.
Yoga Alliance has learned that you are using the Yoga Alliance name on the Web site
http://asanaexposed.com/, as per the attached screen shots. This unauthorized use of
Yoga Alliance’s federally registered trademark is likely to cause confusion in the
marketplace and dilute the distinctiveness the mark. Your use of the Yoga Alliance
name also falsely suggests that Yoga Alliance has a connection with you and endorses
naked yoga. Yoga Alliance does not wish to be associated with naked yoga and the
content on your Web site. For these reasons, Yoga Alliance demands that you:
1.
Immediately and permanently stop using the YOGA ALLIANCE
trademark and name in any manner whatsoever;
www.pillsburylaw.com
March 16, 2015
Page 2
2.
Immediately and permanently remove all references to Yoga Alliance
from any and all domains and Web sites you may own, operate, lease, control, and/or
use;
3.
Immediately and permanently refrain from engaging in any activities
indicating or suggesting that you have any affiliation or connection with Yoga
Alliance or any of its members;
4.
Immediately and permanently remove the YOGA ALLIANCE
trademark and any confusingly similar marks from all advertising, banners, bills,
billboards, brochures, buildings, business cards, clothing, decals, domain names, emails, e-mail addresses, equipment, flags, flyers, invoices, leaflets, letterhead, letters,
marketing materials, office materials, patches, pencils, pens, pins, posters, printed
materials, retail locations, shipping containers, ships, signs, social networking sites
(including but not limited to Facebook, Twitter, and Instagram), stickers, stores,
telephone books, trucks, uniforms, warehouses, Web sites, and anywhere else it might
appear in association with your business;
5.
Immediately destroy all materials bearing the wording “Yoga
Alliance”; and
6.
Confirm the foregoing in writing.
We look forward to receiving a response to this letter by March 23, 2015. If we do
not hear from you by that date, Yoga Alliance will take all necessary steps to protect
its intellectual property rights. This letter is sent without prejudice to any rights or
remedies available to Yoga Alliance, all of which are hereby expressly reserved.
Regards,
Patrick J. Jennings
www.pillsburylaw.com
March 16, 2015
Page 3
www.pillsburylaw.com
March 16, 2015
Page 4
www.pillsburylaw.com
March 16, 2015
Page 5
www.pillsburylaw.com
March 16, 2015
Page 6
www.pillsburylaw.com
March 16, 2015
Page 7
www.pillsburylaw.com