Hugger-Mugger Yoga Products of Salt Lake City has filed a lawsuit in U.S. District Court for Utah alleging that Gaiam Inc. of Broomfield, Colo., contracted with several Internet search engines to use the Hugger-Mugger trademark as a "search term" to lure potential yoga equipment purchasers to its own Web site.
"Any representation that we are somehow related to Gaiam is reprehensible," said Hugger-Mugger President Tom Chamberlain.
"Yet that is what we have discovered is taking place, and we want that unfair practice to stop," Chamberlain said.
For example, the Utah company maintains that if Internet users type "Hugger Mugger" into the Google search engine, a portion of the screen will display: "Hugger Mugger - Yoga, Pilates, Chi & Fitness DVDs, Books, Mats, Clothing & Much More."
It then lists http://www.gaiam.com as a link on the sponsored-site portion of the screen, the lawsuit alleges.
Gaiam Inc. did not return telephone calls seeking comment on the allegations. As of Thursday, however, the link does not appear on the sponsored-sites portions of Internet search engines named in the lawsuit, including Google, Yahoo and MSN.com.
"It could be they've taken those links down as a result of our lawsuit," Chamberlain said.
He said Hugger-Mugger, on the advice of its attorneys, has not complained yet to Internet search engine operators about Gaiam's alleged illegal practices.
Still, the Utah company believes the links represent a deliberate attempt by the Colorado company to profit and trade upon the success of the Hugger-Mugger brand in the yoga equipment marketplace. And it argues that unless Gaiam's actions are stopped, it will continue to suffer harm.
Hugger-Mugger is asking the court to bar Gaiam permanently from using the Hugger-Mugger mark and to order the company to account for any revenue it received from its use.
In addition, Hugger-Mugger wants the court to order Gaiam to notify all Internet search engine operators of any court orders entered against the Colorado company and to request assurances there are no longer any associations between the Hugger-Mugger trademark and any Web site operated by the defendants.
"If the emerging area of Internet sales does not follow the same fair practices as other distribution channels, small business will be particularly disadvantaged at the expense of predatory competitors," Chamber- lain said in announcing the lawsuit.

