Yogaville Legal Action: Gary Kissiah  

Oct 4, 1999

WRITER'S DIRECT DIAL NUMBER 512/499-6297
This email address is being protected from spambots. You need JavaScript enabled to view it.

October 4, 1999

VIA CERTITIED MAIL RETURN RECEIPT REQUESTED

Mr. Matthew Cheng
8903 31st Street
East Elmhurst, New York 11369-1749

Dear Mr. Cheng:

Our law firm represents the Satchidananda Ashram-Yogaville ("Yogaville"). Yogaville has been using its trademarks "Integral Yoga," "Integral Yoga Institute" and "Yogaville" (collectively, the "Trademarks") since 1969, 1967 and 1980, respectively, and has a U.S. trademark registration for the trademarks "Integral Yoga" (Reg. No. 1106648) and "Integral Yoga Institute" (Reg. No. 977563). Yogaville also has a federal trademark application pending for the trademark "Yogaville." The use of these Trademarks has resulted in substantial recognition and good will for Yogaville and are valuable assets of our client.

It has come to our attention that you have registered the domain name "Yogaville.com," "Integralyoga.com" and "Integralyoga.net." Your purpose in obtaining these domain names was to dilute the value of the Trademarks, confuse the market for our clients' goods and services and damage our client. Moreover, our investigation of the matter has revealed that you are intentionally seeking to infringe upon the Trademarks and damage our client by diverting Internet traffic which intends to visit http://www.yogaville.org to your mirror site http://www.yogaville.com and then to http://www.culteducation.com.

Your intentional and wrongful actions have confused the market seeking information, goods and services of Yogaville, has damaged the good will associated with the Trademarks, infringed the Trademarks and has damaged Yogaville. Your actions will not be tolerated. As a result of your actions, our client is entitled to recover against you for violations of the Lanham Act, as well as for legal and equitable damages under applicable state law. This letter represents a formal demand to you and all of your affiliates to immediately cease and desist all actions you have taken to damage Yogaville.

Akin, Gump, Strauss, Hauer & Feld, L.L.P.
Mr. Matthew Cheng
October 4, 1999
Page 2

In order to resolve this matter without costly litigation, Yogaville demands that within fifteen (15) days from the date of this letter:

1. You terminate all uses of the domain names Yogaville.com, Integralyoga.com, and Integralyoga.net.

2. You agree to transfer ownership of the domain names Yogaville.com, Integralyoga.com, and Integralyoga.net. to Yogaville.

3. You terminate the mirror site http://www.yogaville.com and its link to http://www.culteducation.com and any other confusing links that are intended to divert Internet traffic from Yogaville.org to any other Website.

Nothing contained herein shall constitute a waiver of any rights or remedies at law or equity of Yogaville, all of which are expressly reserved. Be advised that Yogaville will aggressively enforce its Trademarks and will take aggressive legal action against you if you do not comply with the demands set forth in this letter.

Sincerely,

Gary Kissiah

GK/kdr