Manatt Prevails in Groundbreaking Copyright Case


PALO ALTO, Calif., April 5, 2005 (PRIMEZONE) -- In a case that will have broad implications for the yoga community, a federal district court judge in San Francisco, California ruled on Friday that a yoga sequence consisting of a number of individual yoga asanas (poses) arranged in a sufficiently creative manner could be entitled to copyright protection. The ruling is the latest in what has become a heated dispute between Bikram Choudhury, the undisputed founder of the popular brand of yoga known as Bikram Yoga(r), and Open Source Yoga Unity, Inc. (OSYU), an organization comprised of yoga instructors who seek to cancel Bikram's trademarks and copyrights in Bikram Yoga(r).

U.S. District Court Judge Phyllis Hamilton acknowledged the case is unusual, writing: "On first impression, it thus seems inappropriate, and almost unbelievable, that a sequence of yoga positions could be any one person's intellectual property." The Judge acknowledged the lack of legal precedence on this issue: "OSYU has provided no persuasive authority that a compilation of yoga asanas cannot be protected under the copyright laws in the same manner as other compilations." However, the court admitted that it "has been unable to locate any authority that precludes" application of the copyright laws to yoga.

The judge also dismissed outright OSYU's claims of copyright misuse, saying that it was well within Bikram's rights as a copyright owner to "enforce his copyright by informing people he believes to be infringing his copyright that his copyright permits him to enjoin their performance of the Bikram yoga sequence, or any modifications of the sequence that can be considered substantially similar to it."

"I am very pleased with the judge's concise and well-reasoned opinion," said Susan Hollander, an intellectual property attorney at Manatt, Phelps & Phillips LLP who is Bikram's lead counsel. "Although the case is far from over, the judge's opinion clarified many of the legal and practical issues going forward. Bikram looks forward to telling his side of the story at trial under the narrow guidelines the judge has now set."

Attorney Susan Hollander led a team of lawyers from Manatt, Phelps & Phillips, LLP's Palo Alto and Los Angeles offices. Trial for this case is currently set for June 2005.

About Manatt: Currently celebrating its 40th anniversary, Manatt, Phelps & Phillips, LLP provides legal and consulting services to domestic and international clients from offices in Los Angeles, Orange County, Palo Alto and Sacramento, Calif.; New York and Albany, N.Y.; Washington, D.C.; and Mexico City. Its wholly owned subsidiary, ManattJones Global Strategies, LLC, develops and implements strategies to expand clients' businesses and facilitate their effective competition in global markets. For more information visit www.manatt.com and www.manattjones.com.



            

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