Los Angeles, CA (September 12, 2011) – Bikram Choudhury and Bikram’s Yoga College of India, L.P. have filed a civil complaint in the United States District Court, Central District of California against Gabriella Raiz aka Gabriella Scanlon doing business as “The Hot Yoga Doctor”, Robert Scanlon, Yen Yoga & Fitness, a Michigan a Michigan limited liability company; Paul H. Sutherland, an Individual, Kate Evans an Individual; and others.
Among eight causes of action, the complaint alleges copyright infringement, trademark infringement, and false designation of origin, dilution, unfair competition, unfair business practices, breach of contract and inducing breach of contract.
According to the complaint, this action is brought to end defendants' blatant infringement of the copyrights and trademarks of Bikram Choudhury ("Bikram"), the world-renowned yoga guru who developed the unique brand of yoga known as “Bikram Yoga.” Defendant Gabrielle Raiz (“Raiz”) goes by several names, including Gabrielle Scanlon and “The Hot Yoga Doctor.” Raiz is a certified Bikram Yoga teacher. Before becoming a certified Bikram Yoga teacher, Raiz signed a contract (the “Teacher Training Agreement”) which restricted her use of Bikram’s IP to, among other things, teaching Bikram Yoga classes in Bikram Yoga studios in compliance with the dialogue and posture sequence taught to her. Since in or about 2010, Raiz, working alone and with others (including her husband, Robert Scanlon), has engaged in the unauthorized reproduction, distribution and sale for profit of counterfeit products that breach the Teacher Training Agreement and exploit and infringe on Bikram's Copyright and Trademark rights. Raiz has reproduced, published, distributed and sold for profit books, DVDs, CDs, MP3s and posters that substantially and materially copy from, are derived from, depict, simulate, exploit and infringe upon Bikram’s copyrights and trademarks and the exclusive rights of Bikram and BYCI to control the reproduction of the same. In addition, Raiz has run a teacher training program which purportedly trains and certifies imposter instructors to teach Bikram Yoga or forms of yoga derived from Bikram Yoga in violation of the Teacher Training Agreement and Bikram's copyrights and trademarks. Defendant Paul Sutherland (“Sutherland”) owns and operates a wealth management and investment banking company and in or around 2010, Sutherland opened Yen Yoga. Yen Yoga offers for profit a number of fitness classes, including a class named “Yen Hot Yoga.” Sutherland named the class "Yen Hot Yoga" in order to conceal the fact that the class incorporates and infringes upon, among other things, Bikram's copyrighted yoga asana sequence and dialogue. To further the deception, the deceptively named and infringing “Yen Hot Yoga” is taught in the same ambient environment as a Bikram Yoga class. Moreover, Sutherland, working alone and with others (including Yen Yoga manager Sarah Harding) has: (a) employed certified Bikram Yoga instructors (including Defendant Kate Evans) and imposter instructors trained and purportedly certified by the self-proclaimed "Hot Yoga Doctor" (i.e., Defendant Raiz) to teach his deceptively named and infringing “Yen Hot Yoga” classes at Yen Yoga; and (b) instructed the rogue certified Bikram Yoga instructors as well as the imposter instructors trained by the self-proclaimed Hot Yoga Doctor (i.e., Raiz) to falsely state when asked that Yen Yoga offers "hot yoga" even though the deceptively named and infringing "Yen Hot Yoga" is in fact a virtual mirror-image of and clearly derived from Bikram Yoga.
A Bikram Yoga Spokesperson indicates that there are ongoing investigations into other copy-cat yoga systems and that Bikram is more determined than ever to enforce his copyright and trademark rights and protect the certified Bikram yoga studios that are licensed to use his intellectual property and do so according to the rules.
Any questions regarding the lawsuit should be directed to:
Legal & Public Affairs
Bikram Yoga Global Studio Support Center
HEADQUARTERS
11500 Olympic Boulevard, Suite 150
Los Angeles, CA 90064
USA
Office: (310) 854-5800
Tel Fax: (310) 622-1255
legal@bikramyoga.com
www.bikramyoga.com
BYCI v. The Hot Yoga Doctor, Yen Yoga et al