Dearest Naked Yogis:
Below is the letter that a beloved entourage of naked yoga enthusiasts who are also lawyers helped me craft. Big thanks to lawyer/yogis Lloyd, Eric, Lisa, Jen, Cliff and the dozen other law enthusiasts who offered their support as well as everyone who as shared their thoughts, emails and humor around the situation. Your feedback is our life blood and what keeps this Alliance going. Though we get to keep our name, the entire ordeal has raised larger questions of naked yoga being pushed out of main stream yoga and being labeled as the black sheep or the red headed stepchild. The next step feels like addressing the core issue of why Yoga Alliance does not want to be associated with naked yoga as this starts to become both a civil and human rights issues.
Stay tuned for the letter to Yoga Alliance that will follow. I will be posting it here for feedback.
LETTER TO PAT JENNINGS, lawyer for YOGA ALLIANCE:
“Dear Mr. Jennings,
I am in receipt of your letter of March 16, 2015 (Ref. 25741-000012). A closer examination of the screen shots you provided will reveal that I never use the words “Yoga Alliance” alone just as your client never uses them preceded by the word “Naked.” Naked Yoga Alliance is a clearly distinct entity – indeed strikingly so – and we do not believe Naked Yoga Alliance constitutes a violation of trademark. None of my hundreds of communications in relation to the organization has suggested such a confusion.
Moreover, Naked Yoga Alliance was not created for commercial purposes. It does not create confusion in the marketplace, or at least any more confusion. A brief search of the Internet reveals a plethora of organizations that include the two words “yoga alliance.” Your client even maintains a site with a list of organizations that include those two words and are not affiliated with your client. (https://www.yogaalliance.org/Learn/Article_Archive/Not_All_YAs_Are_The_Same)
Yoga Alliance is Not Affiliated with Other “Yoga Alliances”
Yoga Alliance and Yoga Alliance Registry are operated and maintained by Yoga Alliance staff in the U.S. Yoga Alliance is not affiliated or connected with any of the following entities:
- The Canadian Yoga Alliance
- European Yoga Alliance
- Indian Yoga Alliance
- Spiritual Yoga Alliance
- World Yoga Alliance
- Yoga Alliance Argentina
- Yoga Alliance Asia Pacific/Southeast Asia
- Yoga Alliance Asia
- Yoga Alliance Australia
- Yoga Alliance of Chile
- Yoga Alliance International
- Yoga Alliance UK
Here are some more: World Real Yoga Alliance, Hot Yoga Alliance, Canadian Yoga Alliance and International Yoga Alliance for Ethics. I doubt that one more would have any impact on the distinctiveness of your client’s mark. May I suggest your client simply include Naked Yoga Alliance on the list? I have invested a great deal of money, time and effort in forming Naked Yoga Alliance as a distinct and independent entity. I am not inclined to change the name. I will, however, be happy to include on my website a disclaimer that Naked Yoga Alliance is not affiliated with Yoga Alliance.
“Dear Ms. Phoenix,
Yoga Alliance would appreciate it if you would please put a disclaimer on your Web site indicating that Naked Yoga Alliance is not affiliated with Yoga Alliance.
Please let me know if you have any questions regarding this request.
Reblogged this on NuReveal Yoga and commented:
I am so happy about the news and the update. It still saddens me that Yoga Alliance may not accept me as a nudist and Nude Yoga instructor.
WAY TO GO!!!!!!!!!!!!!!!!!!!
But a shame they will not see past their short sighted view…where I live, a good friend is a yoga instructor for both clothed and naked yoga..too bad others don;t have the same open view as many others..
Yay!!!!!!!! I’m so glad Naked Yoga Alliance stands as it is. I also share some of the larger concerns about naked yoga not being seen as legit etc, but this is a great victory that I am happy to celebrate 😊🎉😊🎉🙏🎉 and we will keep marching forward and making huge impacts within and with others 🙌💜🙌💜
Reblogged this on clothes free life.
Good for you. Take care and stay bare.
Congratulations it was so clear they didn’t have a leg to stand on (no pun Intended) and this was just a blatant attempt at intimidation.
Congratulations,Mighty I on a job well done.You set out to prove that you WEREN”T breaking any laws with your brand name and succeeded.Besides,that other brand wasted their own time and money trying to besmursch you when about all the others enterprises that have the something Y.A. enterprises were doing the same.The only difference is that noe EVERYONE(including you)have to have disclaimers now alerting anyone who is interested in any practices that has nothing to do with several others-still, at least you won this battle :).But I understand that its not over yet.Keep us informed for any future updates on this situation.Once again,Congratulations 🙂 <3.Manny
I meant to say now and one enterprise or several enterprises have nothing to do with the other.
‘Pat Jennings’ may rest assured that our website and related social media will strive to exclude any postings/articles related to ‘Yoga Alliance’ on our ‘objectionable’ website, or in our listings of Yoga websites/organizations (other than THIS one!). Heaven forbid that potential clients discover that the ‘Yoga Alliance’ version of yoga isn’t the only one!
To ‘Yoga Alliance’ affiliates who do practice nude yoga, we apologize for the loss of free promotion, however humble, that you will cease to receive by being part of that discriminatory and narrow-minded organization. We’ll be reviewing current listings and deleting any site affiliated with ‘Yoga Alliance’ lest we offend someone’s sensibilities.
To ‘Naked Yoga Alliance’: We’ll be setting up a complimentary ad on our ‘Naked Yoga’ page on All-Nudist.com as soon as we get around to it, in appreciation for fighting the good fight, and winning! A half-dozen appropriate photos sent to email@example.com would be appreciated, otherwise we’ll just wing it. Check it out in a few days! http://www.all-nudist.com/naked-yoga.html
I can definitely see why that this a human rights issue as well.That’s why I “don’t” understand Yoga Alliance wanted to start this mess about the name in the first place.Still,this is what we in the nudist/naturist/naked yoga community have to deal with.even in the 21st Century we in our community are still treated like warts.I ALWAYS have your back on this,Mighty I-allthe way.Manny 🙂 .