– Public Notice –
Rosemarie Elenis Trademark Infringement
Rosemarie Elenis is operating two commercial studios using YOGABODY® trademarks in violation of her own signed agreements and in violation of New Jersey and federal trademark laws. YOGABODY®, Yoga Teachers College®, and the Yoga Trapeze® are registered trademarks of YOGABODY Naturals LLC.
Ms. Elenis’ “YOGABODY360 Studios” are unauthorized and do not represent or have approval from YOGABODY®, Yoga Teachers College®, or Lucas Rockwood. Below is a summary of trademark and copyright infringements to date. Scroll down for full details and screenshots.
- Studio signage / wall painting. Mr. Elenis has two retail studios that feature YOGABODY®’s trademarked logo.
- Logo used online. Ms. Elenis is using the YOGABODY®’s trademarked logo on her website, social media accounts, and third party directory sites.
- LLC name. Ms. Elenis broke her signed agreement and registered a YOGABODY® limited liability company in the state of New Jersey.
- Trademark registration. Ms. Elenis broke her signed agreement and USPTO law by intentionally attempting to register YOGABODY-inclusive trademarks. Both were denied.
- Plagiarism. Ms. Elenis has copied ‘philosophy’ text verbatim from the Yoga Teachers College® training manual.
Ms. Elenis has failed to respond to multiple legal notices. Her lawyer claims to have no recollection of Ms. Elenis or her legal troubles. YOGABODY® seeks an amicable solution, but Ms. Elenis continues to act in bad faith and in clear violation of trademark law, copyright law, and consumer privacy laws on the state and national level.
YOGABODY® has not requested any financial remuneration for damages, legal fees or losses to date. YOGABODY simply asks Ms. Elenis be true to her word, signed in contract, and to act in accordance with New Jersey and USPTO laws.
*Update* 7 Jan 2020: Ms. Elenis attempted to register two YOGABODY trademarks with the USPTO. This violated her signed agreement as well as federal trademark law. Both registrations were denied. See public record 1 and public record 2 here.
*Update* 1 Jan 2020: Ms. Elenis is using plagiarized text on her website, copied verbatim from Yoga Teacher College® Training Manual see plagiarized text here.
*Update* 16 Dec 2020: SQUARESPACE (web host) and Punchpass (management software) were given cease and desist letters for Ms. Elenis’ trademark infringement. Both complied and removed infringing logos promptly.
*Update* 8 October 2020: Rosemarie Elenis began soliciting YOGABODY clients via private emails, posing as her daughter, in violation of the The New Jersey Personal Information and Privacy Protection Act. YOGABODY has confirmation of 12 emails sent, but it could be as many as 90+. See a copy of the solicitation email.
*Update* 19 October 2020: After a formal review by National Arbitration Forum (FORUM), Rosemarie Elenis’ recently registered domain name, YogaBody360Studios.com domain was deemed “in bad faith” and a trademark violation. See Claim Number: FA2009001911945. The domain is now transferred to YOGABODY.
FACTS TO DATE:
Roesmarie Elenis is a graduate of the Yoga Teachers College
10 December 2018, Elenis joined YOGABODY’s Teacher Affiliate Network using the company name “360 Beauty, Heath & Wellness”. She paid $99 setup and $29.95/month. See proof of payment and business name here.
To join the program, Elenis signed a Brand Use Agreement. See Rosemarie’s Signed Contract 1 & Signed Contract 2. Her limited licensed agreement granted her limited use of a YOGABODY owned and trademarked domain. Elenis requested and was approved for limited licensed Teacher Affiliate domain “www.YogaBody360.com”. The site www.YogaBody360.com went live in April 2019 (,and a copy of the original site is here)
Violation #1. 1 March 2019, Elenis broke her brand use agreement when she registered a trademark-branded LLC, “YOGABODY360 LLC”. See proof here. As per her two signed agreements above, this is prohibited.
Violation #2. April 2019, Elenis broke her brand use agreements by opening a YOGABODY-branded retail studio in Ship Bottom, New Jersey with a near-identical YOGABODY logo See Logos side-by-side here.
YOGABODY has an application-only, paid studio license program for local retail spaces, but Elenis was not and is not and approved, paid, or contracted for this. Instead, signed and paid for a Teacher Affiliate license, not a studio license. See proof of payment and business name here.
Violation #3. Exact date unknown. Elenis opened a second studio, without authorization, using the YOGABODY trademark in Manahawkin, New Jersey.
Violation #4. 21 July 2020, Elenis claimed in writing that the domain name ownership of www.YogaBody360.com (the domain you are reading this on now) was hers and demanded transfer of ownership. This baseless claim does not align with either of her signed agreements, so the request was denied.
Violation #5. 1 August 2020, Elenis registered a trademark-infringing domain “www.YogaBody360Studios.com” the day after Lucas Rockwood sent a written a notice explicitly prohibiting the registration of a “YOGABODY” trademark inclusive domain as per Elenis’ own signed agreements. See proof of domain registration date and violation here
Cease & Desist Letter. In August 2020, after the five violations above, YOGABODY was forced to take legal action and sent Elenis a Cease & Desist letter. See the Cease & Desist letter here. No remuneration was requested, only that Elenis uphold her written agreements and discontinue brand use violations.
Violation #6. 27 August 2020, Elenis attempted to register two YOGABODY-branded trademarks directly infringing on real YOGABODY brand. See proof of attempted registration and dates here. Now, not only was she violating YOGABODY trademarks, she was attempting to blatantly steal them. These registrations will be denied by the USTPO, but it will take 6-18 months and cost YOGABODY considerable financial resources to manage.
For legal questions or concerns: Alain Villeneuve, Duane Morris LLP. [email protected]