An Open Letter
Regarding “Sunny in Ulu”
To Jai Jordan, Sheridan Hauser, and the wider community,
We write this letter reluctantly but necessarily. Our intention has always been to resolve this matter privately and amicably. Unfortunately, every effort we have made has been dismissed.
We are the owner of the registered Australian trade mark SUNNY MOVES, as well as the common law trade mark for SUNNY, covering Pilates, training and fitness services. Our brand is well-established and protected under Australian law. Trade marks exist to prevent consumer confusion and safeguard the investments businesses make in building their reputation.
Under Australian trade mark law, our rights to the trade marks SUNNY and SUNNY MOVES prevent the use of confusingly similar names in the Pilates and fitness sector, even if the business operates overseas but targets Australian consumers.
Despite knowing the SUNNY MOVES business and having been in contact with its owner and employees, Jai and Sheridan launched and are seeking investment for a new venture called Sunny in Ulu, operating in Bali, Indonesia but marketing directly to Australians. The new venture, a Pilates retreat venue, is predominantly referred to as ‘SUNNY’ on its website, social media and marketing materials.
Their primary audience is clearly Australians: with pricing in AUD, marketing directed to Australian consumers, businesses and investors, and heavy reliance on networks within Australia. This creates a direct overlap with our registered trade mark rights and consumer market.
We have been approached by multiple individuals within the Pilates industry in Australia who mistakenly assumed that we were associated with, or were ourselves, Sunny in Ulu. This demonstrates that confusion and misrepresentation arising from the use of a similar name in this industry is already occurring.
Additionally, the business Sunny in Ulu is still in its early stages, actively seeking investors, and remains speculative and unestablished. We are concerned that any negative reputation or adverse publicity associated with Sunny in Ulu could inadvertently impact our own business and reputation.
We approached Jai and Sheridan on multiple occasions, privately and in good faith, to seek an amicable solution. Instead of engaging constructively, they blocked both our business and our legal representative on Instagram and dismissed all pleas to resolve the matter. At this point, we have been given no choice but to publicly plead with Jai and Sheridan to stop using the name ‘Sunny in Ulu’ and to engage with us in a respectful, non-dismissive, and transparent manner.
For clarity:
Under Australian trade mark law, our rights to SUNNY and SUNNY MOVES prevent the use of confusingly similar names in Pilates and fitness, even if the business operates overseas but targets Australian consumers.
Any investor, collaborator, or partner working with Jai Jordan / Sheridan Hauser / Sunny in Ulu should be aware they are engaging in a venture that exposes them to significant legal risk. This includes the likelihood of disruption to business operations, injunctions preventing use of the name in Australia, or damages claims. Securing a trade mark registration and freedom to operate are standard requirements in due diligence, and in this case, those requirements are not met.
Our wish is not to be adversarial. We remain open to resolution if Jai and Sheridan choose to act cooperatively. But until then, we must be clear: Sunny in Ulu cannot market to Australian consumers, investors and businesses, without infringing our rights. Until this matter is addressed, we will continue to take all necessary steps to protect our rights.
Signed,
Sunny Moves Pty Ltd