Incalcarea dreptului la marca Uniunii Europene de Yoga - scrisoarea originala

Annex item 3

Zinal 2006

UNION EUROPEENNE DE YOGA

Association régie par la loi française du 1 juillet 1901

Annex item 3

Zinal 2006

UNION EUROPEENNE DE YOGA

Association régie par la loi française du 1 juillet 1901

Administative office : 29, En Gérardrie, B. 4000 Liège, Belgium

Paris, July 26, 2006

Dear Mr Fernando Estevez- Grirego,

I am writing you in my capacity of Bureau member of “Union Européenne de Yoga” ,( European Union of Yoga, in English ) , an its legal adviser. I was, in the past, appointed vice-president of this organization, at the request of Gerard Blitz, under the presidency of Raoul Lenz. Being an attorney at law, I am responsible for all legal matters concerning Union Européenne de Yoga.

     Union Européenne de Yoga is a non profit association, registered in Gap, (Hautes Alpes, France) and its administrative office is located at the following address:29 , En Gerardrie, B 4000 Liege, Belgium. Union Européenne de Yoga is incorporated under the law of France and is managed by a Bureau of five members, under the supervision of an executive committee, representing each national federation of yoga which is member of the Union.

     For more that 30 years, Union Européenne de Yoga has organized a congress in Zinal, Switzerland, which is a reference for all individuals practicing seriously yoga in Europe. It edicted a code of conduct for professors of Yoga. In addition, Union Européenne de Yoga maintains an educational commission which takes care of every aspect of the yoga practice in Europe. Furthermore, Union Européenne de Yoga settled a program of formation for yoga teachers, quite demanding. Union Européenne de Yoga gives its official recognition to the schools, belonging to national federations members, which apply , after verifying that they respect the program.

     For all these reasons, Union Européenne de Yoga is very cautious about permitting to anybody to use its name, logo or in general its goodwill and reputation and I am in charge to control and prevent their unauthorized use.

     While visiting your different websites and more particularly the site: “ fiy.yoganet.org”, I see that you are personally the leader and president of the “International Yoga Federation, World Yoga Community”. I was unable to find the address of this organization and even the country where it has its offices. Nothing indicates that it is an incorporated body , with bye laws and articles of incorporation and I cannot find any indication letting me know who is responsible for this organization and who are theirs officers and executive. I even wonder if International Yoga Federation is really a legal entity or if it is only some kind of self created construction existing only on the paper. That is why, I take the liberty to write you directly, assuming that you are responsible for International Yoga Federation..

One can see in visiting International Yoga Federation various sites, that you make announcements pretending that Union Européenne de Yoga is a honorary member of your organization. We never required such a membership and, as I explained you, we cannot accept that somebody who is foreign to Union Européenne de Yoga advertises on our name and pretend that we are a member, while the truth is that we are not, even as honorary member.

In addition, we are surprised to see that you are referring to the late Gerard Blitz, who was one of the main founder of Union Européenne de Yoga. Once more, we cannot accept the misrepresentation which consist to utilize the picture and name of this eminent person, who, for us, is a reference, to make your own advertising.

More over “Union Européenne de Yoga” and “ European Union of Yoga ” and their logo are registered trademarks and nobody can use or imitate them, without previous permission . Nevertheless, we must take note that you copy this trademark without any authorization; these facts constitute a trademark infringement. In addition, you dare, on your web site, to reproduce exactly our logo, programs and name of our members, with the picture of Gerard Blitz and to associate the whole with your own organization, presenting us as one of its member. This is totally unacceptable

Finally, International Yoga Federation was an active participant at the creation of a “European Yoga Federation” promoted under its auspices. This new European federation hold in October 2005 a Congress in Bucarest, while, few weeks before, Union Européenne de Yoga hold its general assembly in the same city. MISA, a Romanian member of European Yoga Federation, which hosted this congress and related this event, wrote on its site that “Union Européenne de Yoga” shows a discordant note among other yoga organizations. A second Congress is scheduled either in Salamanca, in October 2006 or in Lisbon, in October also. Of course, European Yoga federation was born without any information, notice or invitation to our union and its evident goal was to compete with us.

You will therefore understand, that our strict policy concerning the use of our name, logo and goodwill and the fact that we do not accept that third parties benefit from our reputation and patronage without our prior authorisation and the breach of this rule by International Yoga Federation conduct us to demand that any reference to our organization be erased from all your announcement, documentation or advertising literature, on your web sites or elsewhere

We request more particularly, kindly but firmly, that International Yoga Federation and its affiliated bodies stop 1) to write and to pretend that Union Européenne de Yoga is a honorary member of International Yoga Federation 2) to reproduce or imitate, in any manner whatsoever the logo, the name and the written documents of Union Européenne de Yoga (or European Union of Yoga ) 3) to misrepresent our organization through comments or announcements the aim of which would be to benefit from our reputation.

I am certain that you will agree that to stop these breaches is the best way to maintain with you and your federation a courteous relation. We thank you to give us in written your agreement on this letter terms. We are also considering, in order to facilitate implementation of our request, to contact the provider of your site, to inform it of our demand, unless you prefer to do it yourself.

Thank you for your consideration upon the term of this message. I am expecting your answer at the following address:

Jules-Marc Baudel, Avocat Honoraire, Legal Adviser of Union Européenne de Yoga, 13 rue de Siam, 75116 Paris - Tel. 331.45.04. 80.76

e-mail adress : Jmbaudel@aol;com

Sincerely yours

For Union Européenne de Yoga

     Jules-Marc Baudel

Avocat Honoraire

Docteur en Droit

Master of Comparative Law (University of Chicago )

Diplômé de l’Institut d’Etudes Politiques de Paris

Ancien membre du Conseil de l’Ordre des Avocats de Paris