YOGABODY360.com & Rosemarie Elenis
Trademark Infringement Public Notice
YOGABODY®, Yoga Teachers Collage®, and the Yoga Trapeze® are registered trademarks of YOGABODY Naturals LLC.
The URL www.YogaBody360.com was originally licensed to Rosemarie Elenis. Rosemarie and her team are great teachers, and we fully endorse her as a teacher and studio owner.
Elenis broke her Affiliate Agreement and New Jersey Trademark laws by (1) using our trademark name in her LLC name, and (2) using our trademark name on her retail studio signage/name, and (3) by later registering a trademark-inclusive URL (www.YogaBody360studios.com).
Elenis signed multple agreements herself. The terms were extremely clear. To view her signed agreements, please visit: Rosemarie's Signed Agreement
We believe this infringement was initially done accidentally and have no reason to assume malicious intent. Currently, it's unclear what the intent or motivation could be.
In July 2020, Rosemarie claimed she was the rightful owner of the trademarked intellectual property domain, www.YogaBody360.com. This is a baseless claim and YOGABODY declined to transfer the domain ownership, instead proposing we simply point the domain (via DNS nameservers) to her web host. Rosemarie declined for unknown reasons. We did not request any fees for this service, and have not charged her any licensing fees since Dec 2019. We have yet to address or enforce her trademark infringement. Our lack of legal action to date does not constitute a licensed brand use or agreement of any kind. We're simply waiting to hopefully resolve this amicably.
(1) YOGABODY fully-endorses Rosemarie Elenis as a teacher, her studio and team. She has been a wonderful student, trainee, and partner. To the best of our knowledge, there has never been any falling out, financial dispute, or any other conflict what-so-ever.
(2) Elenis has been and continues to be in breach of contract and in violation of trademark laws as per New Jersey State Law and even more urgently, as per her signed agreement. Before taking further legal action, we're hoping for an amicable resolution to be suggested.
(3) To date, YOGABODY has taken no legal and/or monetary action as we assume good faith and don't want to cause any problems. To date, Elenis has not proposed any type of resolution.
(4) This is not a financial dispute. YOGABODY voluntarily discontinued the nominal $29/month affiliate fee 10 Dec 2019, but extended access to the licensed URL (www.YogaBody360.com) as a courtesy and to hopefully cause as little disruption to her business as possible despite infringement.
(5) This page will remain here as a public notice until this matter is resolved.
(6) For any questions / concerns regarding YOGABODY trademarks, please contact attorney, Randy Michael ([email protected])