– Public Notice –
Rosemarie Elenis Trademark Infringement
YOGABODY®, Yoga Teachers College®, and the Yoga Trapeze® are registered trademarks of YOGABODY Naturals LLC. The page is designed to answer questions and share with transparency what transpired between Rosemarie Elenis and YOGABODY.
*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. Ms. Elenis responded by registering YB360studios.com and YB360.com. While these domain are not infringing, the business name, logo, and LLC name continue to infringe, and the expanded use further extends the infringement.
*Update* 26 October 2020: Rosemarie Elenis has failed to respond to any requests for action to settle amicably. Despite brand damage, lost time, and legal fees incurred, YOGABODY has not made a single request for financial reimbursement. At this time, YOGABODY simply asks Rosemarie Elenis to honor her word via her signed agreements and discontinue use of the YOGABODY trademark. At this point, YOGABODY assumes bad faith and has initiated discovery process for federal trademark lawsuit.
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 (a copy of the 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.
Her account was being managed by a staff member who should have raised issue when Elenis mentioned “YOGABODY360 LLC” in her emails, but he was a junior admin staff member, not in any way connected to legal or contracts. His lack of oversight at this stage is regrettable, but in no way grants trademark rights, studio rights, or overrides Elenis’ written agreements with YOGABODY.
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 does have 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.
When YOGABODY learned of the studio, founder Lucas Rockwood, contacted Elenis directly, in writing to discuss the matter. After numerous written communications via email and Instagram, Rockwood was convinced Elenis had no malicious intent and simply misunderstood her agreements, despite their simplicity and obvious rules.
In writing, Rockwood agreed to “let it be” for the time being as any action would cost both parties lots of money and problems. Rockwood did not at any point approve the location, did not agree to future locations, and did not increase monthly fees or amend the original agreements. Lack of legal action at this stage is regrettable, but in no way grants trademark rights or overrides Elenis’ written agreements.
Violation #3. Exact date unkown. Elenis opened a second studio using the YOGABODY trademark in Manahawkin, New Jersey. YOGABODY sought legal counsel for this violation, but continued to assume good faith. Simultaneously, COVID-19 had radically disrupted all yoga businesses so the financial and legal burden seemed pointless as this time so no action was taken. This delay in action is regrettable, but in no way grants Elenis trademark rights beyond her signed agreements.
Violation #4. 21 July 2020, Elenis claimed in writing that the domain name ownership of www.YogaBody360.com was hers and demanded transfer of ownership. This baseless claim does not align with either of her signed agreements, so the request was denied. It must be noted that at no point was access or usage to this previously licensed domain, www.YogaBody360.com denied. The only denial was ownership transfer. Elenis then 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
With this action, it became clear that Elenis’ intentions were malicious.
NOTE: This was not and is not a financial dispute. In fact, YOGABODY had voluntarily discontinued any monthly license fees since December 2019 and had *not* restricted the use of the previously licensed domain www.YogaBody360.com. This means that YOGABODY was not charging Elenis license fees, not taking legal action, not restricting the licensed domain usage, and not making any requests at all up until this point. Naively, YOGABODY assumed an amicable solution could be found that was simple, fair, and hopefully didn’t cause damage to either party.
Cease & Desist Letter. In August 2020, after the four 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 #5. 27 August 2020, Elenis failed to respond to the letter and instead attempted to register two YOGABODY-branded trademarks directly competing with the 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.
Elenis’ motives are unclear. YOGABODY has acted in good faith and was extraordinarily patient despite numerous, malicious actions. Even now, YOGABODY seeks a simple, amicable resolution. If that’s not possible, YOGABODY will defend its brand to the full extent of the law and legally hold Elenis to her written, signed agreements.
YOGABODY’s biggest errors were (1) taking legal action slowly, (2) assuming good faith, and (3) when bad faith was apparent, still assuming a resolution could be found amicably. YOGABODY aims to be transparent and fair throughout this entire process, so we’ll add details to this page as we receive them. We do not wish any harm to Elenis or her business, but we cannot allow continued infringement and malicious attacks. For questions or concerns, please email [email protected]