In november 2020 hebben verschillende voormalig cursisten van [eisers] aan [eisers] laten weten dat zij een e-mailbericht hadden ontvangen vanaf de e-mailadressen [e-mailadres 1] , [e-mailadres 5] of [e-mailadres 4]. De e-mailberichten hadden allemaal - voor zover relevant - de volgende inhoud (productie 16 bij dagvaarding):
“Dear [eiser 2] Yoga Graduate,
1 am sending you this e-mail because I want to warn you about [eiser 2] Yoga. I am myself a graduate, and I was absolutely shocked when I discovered that [eiser 2] is not who they appear to be. Through a friend of mine who graduated at a [bedrijf 3] ashram I found out that the manual of [eiser 2] and the one of [bedrijf 3] are exactly the same. Even the first page in which [eiser 2] presents the course and the organization is word by word the same, only the name [bedrijf 3] has been changed to [eiser 2] .
When I did more research, I found out that [eiser 2] Yoga Ashrams , both branches in the
Netherlands and India, are currently being sued by [bedrijf 3] Yoga Vedanta Ashram &
Centres for copyright infringement. [eiser 2] Yoga Ashrams has copied and used the entire
[bedrijf 3] Yoga Teacher Training manual without permission for well over 10 years now!
[eiser 3] proudly claims during the course that the course is developed on his years of experience, and that he has designed the correction techniques himself. This doesn’t appear to be true at all. The complete course is an exact copy of the [bedrijf 3] training. For more than 10 years, they have capitalized on [bedrijf 3] knowledge and experience, and claiming it to be their own creation.
This goes completely against all of the Yamas and Niyamas and is not only dishonest and
disrespectful towards [bedrijf 3] but also towards all their students and graduates.
I have doubted for a long time what to do with this information. I find it completely unfair that they continue their charade and pretend to be all yogi-minded whereas the opposite is the case. The impression I had during the course (and many other students in my group) of [eiser 3] as being rather a money minded person appears to be correct. Therefore I have decided to contact other duped graduates to inform them of this situation.
I have included a few pages of the [bedrijf 3] Yoga Teacher Trainings manual for you to compare with your own [eiser 2] Yoga manual. As you will notice, it is almost an exact copy. The overall similarities continue throughout the whole [eiser 2] Yoga manual and this will no doubt have far exceeding consequences for [eiser 2] Yoga .
My main worry is that this will also have consequences for our certificate issued by [eiser 2] Yoga .
[bedrijf 2] is already informed about the ongoing legal procedures against [eiser 2] Yoga and are closely monitoring the situation. However I would advise you to contact [bedrijf 2] at your earliest convenience for more information and to inform them of the number of duped graduates.
(…)
For my own protection, I have not used my real name.
(…)
[naam 4] ”
2.14. Op 26 november 2020 heeft [eiser 3] een e-mailbericht ontvangen vanaf het e-mailadres [e-mailadres 1] , waarin - voor zover relevant - is vermeld (productie 21 bij dagvaarding):
“Hello ‘Yogi’
By now you must know that I’ve sent the emails about the [bedrijf 3] manual and legal case to your graduates. My little mistake is forcing me to face you now already. But I don’t want to hide anymore. You have underestimated me from the first moment onward and I am sure that after this email you are going to regret ever messing with me. (…)
I have copied a lot of stuff that I can use against you, when I was still working in your office. Me and [naam 2] have just gotten started sending the email with the proof of your fraud and legal battle with [bedrijf 3] to your graduates. We have more than 2000 email addresses still remaining. Imagine that all these people will start to demand their money back.
Unlike you, we are not greedy people. We are only asking what is rightfully mine. 50’000 Euros: 25’000 Euros, that’s what you tried to extort from me to stay married to your stupid brother (biggest mistake of my life) and 25’000 for underpaying me for the 3 years I‘ve worked my ass off for you. It’s a drop in the bucket for you, and will stop us from further destroying your reputation. I have much more sensitive stuff to share about you, that’s the only benefit of ever having been part of your rotten family. Stop all the legal procedures immediately. Send me a signed statement that you hold no Intellectual Property or any other
claim against me and transfer the money and we can close this sorry chapter of our life and never meet or hear from each other again.
I‘ve tried my luck with the police making a fraud complaint when [naam 3] frauded the Axis bank statement. They do not do anything in these matters. I’m sure you know that too. But should you go to them anyway, I’ll release all the damaging information in just one click. So think carefully what is good for you.
You know my bank account, and you can send the letter signed and scanned to my email. You have until 28 November 12 in the night. If we have not received the money and the letter we will continue to destroy your reputation on a whole new level.”
2.15. Op 3 december 2020 heeft de echtgenote van [eiser 3] namens [eiser 2] en [eiser 3] aangifte gedaan van smaad en afdreiging, gepleegd door [gedaagde] in verband met de in 2.13 en 2.14 bedoelde e-mailberichten (productie 24 bij dagvaarding).)