The Transcendental Meditation Organization (TMO) has recently initiated legal action against multiple parties, citing copyright and fair trading violations. Among those targeted are the Institute of Professional Meditation Teachers (IPMT) and the International Teachers of Meditation Association (ITMA), along with several individual members. Yet, notably, only New Zealand-based members—IPMT, Bryan Lee, Gary Benner, and Tony Martin—have been directly threatened with court proceedings. Despite a lack of concrete evidence and preliminary discussions yielding no settlement, the costly discovery phase is set to begin.

With the defendants lacking the extensive financial backing that TMO has, the case raises serious concerns about the fairness of the legal process. Observers argue the claims are tenuous at best, as the New Zealand teachers appear to have neither infringed TMO’s intellectual property nor caused harm to its interests. Instead, their “offense” seems to be challenging the TMO’s practices and asserting their own rights.

A GoFundMe campaign has been launched to support these defendants in what appears to be a David-versus-Goliath struggle against powerful legal and financial intimidation. By contributing, supporters can help ensure that justice is accessible for all, not just for those with deep pockets.

Donate to Please Support Our Courageous Investigators, organized by Theresa Crater

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DAVID LAIRD: HELP LEVEL THE PLAYING FIELD

As many of you know, the TMO recently filed a claim against a number of parties alleging breach of copyright and fair trading laws. Two organisations – the Institute of Professional Meditation Teachers (IPMT) and the International Teachers of Meditation Association (ITMA) have been named, as well as thirteen individuals. However, only those parties based in New Zealand have actually been threatened with court action: the IPMT, Bryan Lee, Gary Benner and Tony Martin.

Preliminary discussions have failed to produce a settlement, and the discovery phase is about to begin. This is likely to be a lengthy and expensive process, and the deck is heavily stacked against the defendants, who cannot draw on the vast financial resources available to the TMO.

To date, little hard evidence has been presented to back up the TMO claims, and indeed, a reasonable person looking at the facts might conclude there is no case to answer.

IPMT

The IPMT is a professional organisation originally designed to complement the TMO. Its constitution specifically states that its goal is “To support the effectiveness and growth of Maharishi’s organisations”.

It goes on to say:

“The Institute shall not offer any of the proprietary courses or programs of the GCWP organisations, such as (but not limited to) the teaching of TM; nor shall the Institute knowingly create any impression that it holds any intellectual property rights not conferred upon it by the GCWP.”

The document even allows for a representative of the TMO to act in an advisory capacity:

“A representative of the Global Country of World Peace (GCWP) may be appointed as an observer to meetings of the Institute to serve in an advisory capacity.”

Given the clarity of these statements, it is difficult to see how Bryan, Gary and Tony, as officers of IPMT, could be accused of infringing the TMO’s copyright, or seeking to damage the organisation in any way.

ITMA

ITMA started life as a WhatsApp group, encouraging open discussion about the teaching of meditation. Bryan and Gary were members of the group, participated in a number of conversations and were signatories to the original bylaws. These set out operating procedures and protocols for a potential organisation that would certify teachers of various forms of meditation. At the time, ITMA had not been incorporated in any jurisdiction, and was non-operational.

Both Bryan and Gary terminated their involvement with ITMA in July 2022 because of concerns that the legal implications of incorporation had not been adequately explored. After their departure, ITMA was subsequently registered as a charity in Israel, and announced its first teacher training course in 2023 – six months after Bryan and Gary had cut all ties. It is difficult to see how they can be held responsible for any copyright infringements linked to this course when neither had taken any part in its planning, promotion or teaching.

Why single out New Zealand teachers?

We cannot say with any certainty why Bryan, Gary and Tony were the only ITMA members singled out for court action. One possible reason is Bryan and Gary’s involvement in the Conversations in the Hive series. These podcasts have raised uncomfortable questions about the activities of the TMO and its key officers over a period of several decades, and have suggested that the benign image presented to the public is essentially at odds with the true nature of the organisation.

Another contributing factor may have been their prior history with Maharishi Foundation in New Zealand.

Bryan Lee was invited in 1997 to invest in a New Zealand property to be used as a pandit academy. Over time, enthusiasm for the project waned and, after donating a piece of the land to the movement, the other investors proceeded to build houses on the plot. Bryan was unable to do so, as he had sunk all his money into the land purchase and other movement activities. Under New Zealand law, the other investors are obliged to compensate him, but they hired lawyers in order to minimise the payout, so the case currently languishes in legal limbo. One of the investors is a raja, Raja Graeme Lodge, so the possibility of some ill feeling carrying over into the current action cannot be entirely discounted.

In 2021, Gary Benner found himself embroiled in a legal dispute over the rights to a domain name he had registered in New Zealand: tm.org.nz. Again, Graeme Lodge was involved, claiming that Gary had agreed in a phone call to register the domain name on behalf of Maharishi Foundation. Gary denied any such phone call had ever taken place. In a summary judgement, the judge ruled there was no case to answer, saying there was no evidence of the alleged phone call, and awarded Gary costs. However, despite the judgement Maharishi Foundation elected to go to trial. As Gary did not have the $60,000 deposit required for legal fees, he was eventually forced to hand over the domain name and pay his own costs of $35,000.

Tony Martin was, along with Bryan and Gary, an officer of IPMT. Because of his involvement with the organisation he was suspended from teaching by Michael Busch, then raja for New Zealand. Tony complained to the Employment Relations Authority (ERA), but despite assurances from his pro bono legal advisor that he had a strong case, the verdict eventually went against him. Without legal representation, he simply could not match the tactics and expertise of the high-powered lawyers employed by Maharishi Foundation.

Due Process or Lawfare?

The common thread in the three cases above is how the legal system can be used to effectively price a defendant out of the justice system. This tactic is a form of lawfare, defined as “the strategic use of legal proceedings to intimidate or hinder an opponent”. Apart from the use of financial muscle, other tactics may include:

• Filing meritless claims to harass or burden the opposing party.
• Using legal procedures to intimidate, harass, or exert undue pressure on the opposing party
• Abusing discovery processes to burden the other party with excessive requests for irrelevant information.
• Deliberately causing unnecessary delays in legal proceedings to exhaust the resources of the opposing party.

An impartial observer might well detect evidence of one or more of these tactics in the current action.

Summary

At this stage the copyright and fair trade claims appear to have little merit. Based on the evidence presented, none of the New Zealand defendants has encroached on TMO intellectual property, and none has engaged in any trading activities. There is also no evidence of any loss or damage, financial or otherwise, caused by their activities. Their only offence appears to have been raising ethical questions about the TMO and asserting their legal rights. Whatever the outcome of the ongoing legal proceedings, there can be no doubt about the huge financial and emotional damage inflicted on the defendants and their families, which looks set to continue indefinitely.

Any individual with a shred of decency would conclude that the punishment inflicted by the process to date is far in excess of any perceived offence, and that these hurtful and unnecessary legal actions should be dropped at once. Given the history of the TMO, however, such a move appears unlikely: what the organisation lacks in empathy it makes up in pompous self-regard. I would therefore encourage all those who are disturbed by the Maharishi Foundation’s coercive tactics to contribute to the defendants’ legal expenses.

Donations can be made via GoFundMe.

https://www.gofundme.com/f/Courageous-Investigators.

Monthly donations can also be made on the IPMT website.

https://global.ipmt.me/donate/

Your contribution will help make justice available to all, not merely those who can afford it.

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