« Shoulda, Coulda, Woulda |
| Take Me to Your Movement »
April 19, 2004
Court Rules Yoga Nonprofit Has Standing for Declaratory Judgment suit against Bikram
We just received the Court's Opinion and Order denying Bikram Choudhury's motion for judgment on the pleadings or summary judgment in the suit brought by Open Source Yoga Unity. The Court found that "on balance, on July 9, 2003, OSYU did represent its members and did provide the means by which they could express their collective views and protect their collective interests." The Court found that OSYU's members had reasonable apprehension of suit or reason to believe their ability to practice and teach yoga might be taken away as a result of Bikram suing someone else and establishing precedent. The Court rejected Bikram's "unclean hands" argument and the argument that his hundreds of licensees are necessary parties. She was also unpersuaded by the argument in a footnote that copyright misuse is not cognizable as an affirmative claim. We'll get to make some law here.
+ TrackBacks (0) | Category: IP Abuse
- RELATED ENTRIES
- Is There an Independent "Right of Performance"?
- Did the Director-General of WIPO Steal Employee DNA Samples?
- More Evidence People Don't Learn from the Past
- Phoenix (music) Supports Free Use
- Robo-Papers "Flooding" Academic Conferences
- Apple Appeals
- Who's Taking All That Money?
- Pointing the Troll Finger in the Correct Direction