The Cleargreen cult is being sued by Castaneda's "granddaughter," actually a mistress and member of the inner circle. Cleargreen has countersued. So much for being super spirchul...
Part of what's disturbing is to see the law firm openly lying, taking the client's claims at face value. Lawyers can't be expected to be historians or anthros, OTH many do have history degrees before going into law.
The good and bad news is in the response to the counterclaim. They are claiming anyone can use the tensegrity nonsense under Fair Use. If the court accepts it, it could potentially drive Cleargreen out of business or at least cut their profit margin. The bad news is there'd be dozens of little frauds out there added to the mix.
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http://www.kleinlitigationblog.com/cleargreen-using-founder%E2%80%99s-grandaughter%E2%80%99s-new-tensegrity/Cleargreen Using Founder’s Grandaughter’s New Tensegrity
November 23rd, 2011
The Teachings of Don Juan is a 1968 anthropology book by Carlos Castaneda that continues to inspire many followers. Castaneda said that the book documents his time between 1960 and 1965 with a Yaqui sorcerer (the Yaqui are a Native American tribe from northern Mexico). Castaneda used a term “tensegrity” to refer to several meditative stretches that he and his followers employ. They founded a company called Cleargreen Incorporated in 1995 to teach tensegrity throughout the world.
Our Los Angeles business litigation attorneys are now representing the only heir of Castaneda in a copyright infringement case against Cleargreen over the use of tensegrity. Castaneda’s sole descendant was Nuri Alexander, whom Castaneda adopted as his daughter. Nuri in turn adopted Aerin Alexander, Nuri’s only child. Castaneda shared his tensegrity knowledge with his granddaughter Aerin before he passed away in 1998. Joining Aerin is plaintiff Miles Reid, who trained under Castaneda for over 15 years.
Aerin and Miles have been traveling and teaching tensegrity for 14 years on behalf of Cleargreen. They began making their own version of tensegrity movements that involved significant modifications of the instructional videos and books that Cleargreen had sold to the public. Cleargreen is using more and more of Aerin and Miles’s material as opposed to their original tensgrity movements, and this is the reason underlying the copyright infringement lawsuit that the two are pursing against Cleargreen and production company Laugan.
Castaneda and his tensegrity concepts have many supporters throughout the world. Are you familiar with the original movements and the new modifications from Aerin and Miles? How would you describe the differences?
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http://sustainedreaction.yuku.com/reply/150529/Re-Top-notch-Energy-Tracker-and-Element-Sue-CleargreenNow comes the Counterclaim By Cleargreen/Laugan
#148
Posts: 175
(12/13/2011 1:28 AM)
Cleargreen/Laugan has now filed a counterclaim against Miles and Aerin.
The basics of the counterclaim are that all the assertions Miles and Aerin have made ... that they have created or co-created their own Tensegrity movements and that they created their own speeches concerning Tensegrity are invalid because they were employees of Cleargreen at that time so these activities were works for hire.
Cleargreen/Laugan also reaffirms the validity of their Tensegrity Trademark which was filed in 1995. Also their copyrights on all tensegrity products and materials and movements.
They claim that any modifications or alterations or creation of new Tensegrity movements by Miles and Aerin are illegal acts and constitute infringement.
Cleargreen/Laugan claims that after Miles and Aerin were terminated in March of 2010 they have continued to teach Tensegrity workshops and seminars and they threaten to continue to teach Tensegrity workshops and seminars and use the Tensegrity trademark in the future.
Cleargreen/Laugan also claims that Miles and Aerin have misrepresented the nature, duration and extent of their training with Carlos Castaneda and his colleagues.
Cleargreen/Laugan states as a counterclaim that Miles Reid's and Aerin Alexander's use of the Tensegrity Trademark and their misrepresentation of their connection to Cleargreen/Laugan has caused and will continue to cause irreparable harm to Cleargreen/Laugan.
Also they state that the copyrights of the Tensegrity materials and products are owned by Cleargreen/Laugan and that any use of them by Miles and Aerin would be infringement.
Because of these issues mentioned above Cleargreen/Laugan asks the court to grant relief in the form of:
Dismissing the complaint of Miles Reid and Aerin Alexander against Cleargreen/Laugan.
Enjoining them from offering any goods or services under the Tensegrity mark. Or any similar mark. Or performing or doing any activities that might be confused with Tensegrity or cause any person to believe they (Miles and Aerin and their commercial activities such as seminars and workshops) are connected with, or authorized, or sponsored by Tensegrity, Claergreen or Laugan in any way.
And also from misrepresenting the nature, duration and extent of their training with Carlos Castaneda.
Cleargreen/Laugan wants the court to issue a judgment that affirms the assertions and counterclaims of Cleargreen/Laugan regarding their rights and the validity of their Trademark and copyrights.
Also that the use of the trademark and copyrighted materials and movements and sequences by Miles and Aerin constitutes infringement.
And that Miles and Aerin must in writing explain how they have complied with this order.. and give up and return all Tensegrity related materials.
They must also return all profits they have gained by unlawfully using the Tensegrity mark. (enhanced - on the basis of their willful infringement). And pay all damages incurred by Cleargreen/Laugan because of Reid and Alexander's infringement (enhanced on the basis of that infringement)
And pay all Cleargreen/Laugan attorney and legal fees.
Aleaxander and Reid Answer to the Cleargreen Counter Claim
#156
Aerin Alexander and Miles Reid have responded to the Counter Claim that Cleargreen and Laugan Productions filed against them. They are not just denying the claims of Cleargreen and Laugan they are hitting back hard with their own brand of Sorcery Kung-fu.
It looks like we got game. It's feeling more and more like a trial. A sorceric battle between an alledged lineage holder and a claimant of that lineage.
Answer by Miles Reid and Aerin Alexander to Counterclaims of Laugan Productions Inc. and Cleargreen Inc.
Aerin and Miles ..The counter defendants. ..They agree with the statement that Carlos Castaneda was an archeologist that was a student of don Juan Matus who studied the teachings of Shamans in ancient Mexico. Also that don Juan and his colleagues taught the movements to Castaneda who adapted and modernized them.
(and then all hell breaks lose)
Aerin and Miles deny the statement made by Cleargreen/Laugan about how Cleargreen and Laugan were formed. That Laugan was formed by Castaneda and others in 1974 to hold the intellectual property rights (including the trademark Tensegrity) of Carlos Castaneda and that Cleargreen was formed in 1995 to disseminate the teachings of Carlos Castaneda under the trademark 'Tensegrity' lisenced from Laugan.
They also deny Laugan's and Cleargreen's claims that Tensegrity is a valid Trademark. They claim that Laugan and Cleargreen improperly filed the Trademark and that they (Laugan and Cleargreen) obtained the trademark designation by fraud.
They claim it is a fraudulent trademark.
Aerin and Miles deny that they were employees under hire in regard to speeches and other materials that they claim they produced and authored or co-produced and co-authored.
Aerin and Miles deny that they are infringing upon Laugan and Cleargreen.
In fact.... they deny all the substantial counterclaims of Laugan and Cleargreen.
And then it heats up. (as if calling them "Frauds" wasn't enough)
Then come Aerin's and Mile's Affirmative Defenses.
Aerin and Miles claim they have the right to use the name Tensegrity under "Fair Use" doctrine.
They Claim that Laugan and Cleargreen have no right to sue them for copyright infringement since Laugan and Cleargreen have not dealt with the copyrights properly and there was an invalid transfer of the copyrights.
Aerin and Miles also claim that the rights to the copyrights were not transferred to Laugan and Cleargreen they were .... according.. they say.. to Carlos Castaneda's Last Will and Testament and agreements of the Eagle's Trust .... they were transferred to other parties.
They go on to list a number of reasons why Laugan and Cleargreen do not have valid copyrights.
Then they start to say that Aerin owns the copyrights. First they say they are co-owned -or she owns them. Then they say Aerin owns them by laws of Intestate Succession.
Now you will have to decide how this works on your own. Having said that Castaneda's last will gave the rights to someone else beside Laugan and Cleargreen they then Claim that Aerin is the owner of these rights by Intestate Succession.
Intestate succession refers to the law providing for the inheritance of property from a person who dies without leaving a will.
Go ahead and figure the chain to Aerin:
http://www.ca-trusts.com/intestate.htmlThen they claim that the Trademark infringement claim against them was a Fail also.
Because Tensegrity is a generic and common term in the Public Domain.
Because it was registered by Laugan Productions fraudulently.
Because Laugan and Cleargreen were "overzealous" and by restraining Aerin and Miles and frauding the copyrights and frauding the procurement and the application of the trademark that Laugan and Cleargreen had "unclean hands".
For these reasons Aerin and Miles ask that the counter claim be dismissed. And that the court declare that Laugan and Cleargreen have no rights to the copyrights or the Trademark. And that Laugan and Cleargreen must pay for Aerin's and Mile's attorneys fees... and for the costs of the lawsuit.
