Bikram - Obtains Copyright

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  • 7/30/2019 Bikram - Obtains Copyright

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    Los Angeles, California,July 30, 2003

    We are pleased to report that Bikram and Rajashree Choudhury

    have achieved a significant victory in their lawsuit against Kim

    Schreiber-Morrison, Mark Morrison, and their business, Prana

    Incorporated (the Morrisons). In the lawsuit, Bikram and

    Rajashree asserted claims against the Morrisons for copyright

    infringement, trademark infringement, violation of rights of

    publicity, and other related causes of action, and sought to

    permanently enjoin the Morrisons from such conduct. Under a

    settlement reached on June 12, 2002, the Morrisons voluntarily

    consented to the following terms:

    Payment of substantial monetary compensation to Bikram and

    Rajashree, the amount of which must be kept confidential

    pursuant to the settlement agreement;

    To never again teach Bikrams Basic Yoga System;

    To never again use or otherwise infringe upon Bikrams

    copyrighted works, such as his books, videotape, audiotape,teaching materials and the selection and arrangement of yoga

    poses in Bikrams Basic Yoga System;

    To never again use or otherwise infringe upon Bikrams trade

    and service marks, including but not limited to Bikram Yoga,

    Bikrams Yoga College of India, and the picture mark of

    Bikram in the spine twisting pose;

    To never again use or otherwise exploit the names or

    likenesses of Bikram and Rajashree Choudhury for their own

    commercial purposes;

    To the entry of a stipulated permanent injunction, issued by

    the United States District Court of the Central District of

    California, formally barring the Morrisons from using orotherwise exploiting Bikram and Rajashrees intellectual

    property as set forth above; and

    To provide a signed statement of apology to Bikram and

    Rajashree.

    On June 30, 2003, Federal Judge David O. Carter issued the

    attached court order permanently enjoining and restraining the

    Morrisons from infringing on Bikrams and Rajashrees intellectual

    property as set forth above.

    This outcome represents a significant legal victory for Bikram,

    Rajashree, and the Bikram Yoga community, and fully vindicatesBikrams conviction in the originality and legal enforceability of

    Bikrams Yoga.

    Bikram and Rajashree were represented in the lawsuit

    by attorney James K. Lee of the law firm of

    Akin Gump Strauss Hauer & Feld LLP

    see a copy of the Court Injunction

    http://www.bikramyoga.com/press/press19.htm

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    seminars | franchise | home

    Bikram's Yoga College of India reminds yoga practitioners and

    aspiring yoga instructors everywhere that this litigation serves as a

    powerful example of why there is no benefit to learning from

    uncertified and unlicensed yoga instructors who claim to teach

    Bikram yoga or "something like it."

    The simple facts are these:

    No one may teach Bikram Yoga classes unless he/she is a

    certified and licensed Bikram Yoga teacher.

    No one may teach or certify others to become Bikram Yoga

    teachers other than Bikram Choudhury.

    No one may offer obvious, thinly disguised copies of Bikram

    Yoga and represent to the public that it is "their" yoga.

    Yoga students should be particularly cautious of those persons who

    claim to offer teacher training and/or teacher "certification" in

    Bikram Yoga, or represent or suggest that their yoga teacher

    training program "is just as good as Bikram Yoga." Nobody may

    teach others to become Bikram Yoga teachers other than Bikram

    Choudhury himself.

    This lawsuit is proof that the legal system will vindicate Bikram

    against those persons who exploit and adulterate Bikram Yoga for

    their own purposes. These persons are not yoga gurus. These

    persons are not interested in "sharing" yoga with everyone, as they

    may self-servingly claim. These persons are only interested in

    personally profiting from teaching Bikram Yoga. It is for the

    protection of Bikram Yoga, Bikram Yoga practitioners everywhere

    and the true spirit of yoga that these imposters must and will be

    stopped.

    seminars | franchise | home

    Bikram Obtains Copyright Registration for His Asana

    Sequence

    Los Angeles, California, February 5, 2003: With great pleasure

    we would like to announce that Bikram recently secured federal

    copyright registration under 17 U.S.C. Section 410 for his original

    work of authorship in his asana sequence of 26 postures and 2

    breathing exercises. Through registration of this work, the United

    States Copyright Office acknowledges Bikrams exclusive right to

    the distinct series of postures and breathing exercises comprising

    http://www.bikramyoga.com/press/press19.htm

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    the sequence and Bikrams Beginning Yoga Class.

    This latest development reinforces the strength and value inherent

    in the Bikram Yoga system, enhancing opportunities for both

    certified Bikram Yoga Teachers, and licensed Bikram Yoga studios.

    Registration of the asana sequence with the U.S. Copyright Office

    represents a significant milestone for Bikram in his efforts toformalize the intellectual property rights which encompass the

    Bikram Yoga style and method. While some in the yoga community

    once viewed the prospect of formal legal protection for Bikrams

    sequence with skepticism, Bikrams insight and creativity have once

    again proven them wrong.

    The asana sequence copyright registration joins Bikrams growing

    portfolio of registered copyrights and trademarks that lie at the

    heart of the proprietary Bikram Yoga system. Bikram can now

    easily and effectively enforce these rights.

    Due to the originality of the sequence and the strength of thecopyright registration, infringement of the sequence copyright can

    occur in a number of ways. In addition to exact copying of the

    sequence, the copyright prohibits others from creating derivative

    works of the sequence. Virtually all modifications or additions to

    the sequence will constitute copyright infringement, including: the

    unauthorized use of even a small number of consecutive postures;

    the addition of different postures or breathing exercises to the

    sequence or portions of the sequence; the teaching or offering of

    the sequence with or without the Dialogue; or by the addition of

    extra elements to the sequence, like music.

    Bikram will be entitled to receive an award of statutory damages ofup to $150,000 per infringement and can also recover his attorneys

    fees from infringers in lawsuits concerning copyright infringement of

    the sequence.

    Please join us in congratulating Bikram for more than three decades

    of groundbreaking work in bringing to fruition the recognition of the

    priceless intellectual property assets that are Bikram Yoga.

    --Jacob C. Reinbolt

    Procopio, Cory, Hargreaves & Savitch LLP

    www.procopio.com

    http://www.bikramyoga.com/press/press19.htm