Even the most peaceful environments are not immune to trademark disputes. Students attend Maharishi University in Fairfield, Iowa to learn the practice of transcendental meditation. While some people use “TM” as an abbreviation for transcendental meditation, those letters also signify that the phrase is a registered trademark of Maharishi Foundation USA, which operates the university. Now, the foundation claims that a former student is infringing on that trademark.
Around 2020, Leif Bjelland trained in transcendental meditation at the university. This practice, developed approximately 60 years ago, involves focus on breathing and the repetition of a verbal mantra in order to improve personal wellness and inner peace. The foundation says that Bjelland signed a document agreeing that the techniques he learned were strictly for personal use and that he could not instruct others in the practice unless certified to do so.
At some point after finishing his training, Bjelland opened an online business under the name Heroic Breathwork. Along with sessions in which he guided clients through a “sound-driven breathwork experience” over Zoom, he also produced merchandise for sale. These caps, T-shirts and other items feature the phrase “Transcend Today,” which Bjelland trademarked.
After being made aware of Bjelland’s business venture, the foundation filed suit against him, alleging that his business unlawfully diminished their competitive advantage in the meditation field. One example Mararishi cited of a purported trademark violation was the Transcend Today branding, which they claim is confusingly similar to their intellectual property relating to transcendental meditation.
When these cases go to court, judges look at various factors to assess whether the competing trademarks could be confused. Key factors here could be how long transcendental meditation has been registered, the similarity of what each business is offering and whether Bjelland intended to imply a connection to Maharishi. Bjelland might raise a defense of descriptive fair use, arguing that he is utilizing the word “transcend” in a generic way rather than alluding to Maharishi’s services.
These cases can become quite intricate as parties argue over brand identification and the common use of various words. Whether you’re alleging the violation of your trademark or are being accused of misappropriating someone else’s intellectual property, it’s important to get an informed legal perspective.
The Law Offices of Donald W. Hudspeth P.C. in Phoenix provides skillful legal support to Arizona clients in trademark matters, including disputes over alleged infringement. To make an appointment regarding your particular intellectual property dispute, please call 866-696-2033 or contact us online.