I taught a “26+2” class. I didn’t call it “Bikram Yoga,” I called it “Hot 26.” A lawyer representing the Bikram estate sent a Cease & Desist demanding licensing fees, claiming I was infringing on their intellectual property by teaching the specific dialogue and sequence. I called my insurance, and they laughed. “We don’t cover copyright disputes.”
Key Takeaways
- Sequence vs. Name: The sequence itself (the Asanas) cannot be copyrighted (per Bikram’s Yoga College of India, L.P. v. Evolation Yoga, LLC, 2015). However, the dialogue and the name (Trademark) can be protected.
- IP Exclusion: General Liability policies explicitly exclude Intellectual Property Infringement.
- Defense Costs: Even if you are legally right (you can teach the poses), proving it costs money. Standard insurance won’t pay for this defense.
- Marketing Liability: Using the logo or the name “Bikram” without paying is Trademark Infringement.
The “Why”: The Advertising Injury Exclusion
The Trap:
“Personal and Advertising Injury” covers libel and slander.
It usually has an exclusion for “Infringement of Copyright, Patent, Trademark or Trade Secret.”
Unless you have a specific Media Liability policy, you are paying the IP lawyer out of pocket.
The Investigation: I Quoted 3 Major Carriers
1. Hiscox
- My Analysis: Their Media Liability endorsement is one of the few that covers unintentional copyright/trademark infringement. If you accidentally used a protected name, they might defend you.
2. Yoga Alliance (Benefit)
- My Analysis: Yoga Alliance is not an insurer, but they provide legal guidance resources. They would point you to the 2015 ruling that says sequences are not copyrightable.
3. LegalShield
- My Analysis: Again, for IP disputes, a prepaid legal plan is often more useful than liability insurance. They can write the response letter citing the 2015 court case.
[IMAGE: Graphic summarizing the 2015 Bikram vs Evolation ruling]
Comparison Table: IP Coverage
| Carrier | Covers Sequence Copyright? | Covers Trademark Claims? | Cost |
| Hiscox | Yes (Media Liab) | Yes (Media Liab) | |
| Standard GL | NO | NO | N/A |
| Legal Plan | Advice Only | Advice Only | $ |
Step-by-Step Action Plan
- Change the Name: Do not use “Bikram.” Use “Traditional Hot Yoga” or “26 & 2.”
- Vary the Dialogue: Do not recite the script verbatim. Change the cues.
- Check IP Exclusion: Read your policy. Confirm you have zero coverage so you don’t have false hope.
- Ignore Frivolous Threats (with Counsel): If you aren’t using the name, the sequence is public domain.
FAQ
Can I copyright my own flow?
No. You can copyright a video of the flow or a book about it, but not the physical movements themselves.
What about music?
See “Music Licensing” article. Different laws apply.
Is “Ashtanga” trademarked?
No, it is a lineage.