AMWAY - MONAVIE LAWSUIT SETTLED
16 Nov 2010 - Here is public information from Salt Lake Tribune  - CLICK HERE


FIRST MONAVIE FILED SUIT AGAINST AMWAY
For trying to enforce non - compete agreements against ex - Amway distributors who left Amway - Quixtar (some years ago) and are joining Monavie.  Amway - Alitcor - Quixtar must have felt a little weak on that because they came back with:

THEN AMWAY QUIXTAR SUES MONAVIE FOR NUTRITIONAL CLAIMS
Is The Game "Within" To Make Up For An Older MLM Pay Plan?"

Rod Cook your editor = Never a dull day when something entirely new like this lawsuit comes up.  You would expect it from the FDA - FTC, but from another MLM company?  We know that competition in the MLM arena is heating up between MLM - Network Marketing companies fighting for sales volume but this is a new step!  An MLM company (Amway) taking the role of the FDA, claiming unfair competetion!

P.s. IS THIS THE REAL REASON? SEE MY EDITORIAL BELOW - IS IT ABOUT PAY PLANS?
Press ReleaseSource: Quixtar North America
Quixtar Files Suit Against MonaVie To Protect Consumers, Halt Unfair Competition
Tuesday March 18, 8:09 pm ET

SALT LAKE CITY, March 18 /PRNewswire/ -- Quixtar North America has filed a multi-count Complaint against MonaVie (Mona Vie, Inc. and MonaVie LLC), and several MonaVie distributors for unfair competition in federal court in Salt Lake City. The Complaint alleges that MonaVie competes unfairly by making false claims about its products. Utah-based MonaVie sells juice blend products featuring acai berries through a network of distributors. Quixtar, a sister company to Amway Corporation, sells nutritional products through its Independent Business Owners (IBOs) that directly compete with MonaVie. Some of Quixtar's products also contain acai berries.

Quixtar's filing is intended to protect consumers from false health claims as well as ensure its IBOs are not damaged from unfair competition stemming from false claims. Quixtar, a respected member of the Direct Selling Association, also hopes to protect other direct selling companies from MonaVie's deceptive tactics.

Ed. Note: If you want to read through the whole case? The Pacer System for getting the entire lawsuit is 8 cents a page: http://dockets.justia.com/docket/court-utdce/case_no-2:2008cv00209/case_id-65339/

The complaint contains numerous examples of false health claims made by MonaVie and its distributors. For example, the complaint includes transcripts of MonaVie meetings with speeches by "doctors" who falsely claim that MonaVie can cure cancer, stop aging at a rapid pace, improve vision, and eliminate pain. The "doctors" describe "dosages" of MonaVie to falsely imply that it is a medicine.  In addition, MonaVie distributors have attempted to raid Quixtar IBO organizations using these false claims.

Editorial: IS IT MORE ABOUT MLM PAY PLANS?

Editors Note: This is interesting because the lawsuit is focused on health claims.  However, what is not said is that Mona Vie's "overclocked" Binary plan currently pays out approximately 30% more that the Amway - Quixtar old stairstep.  The new generations of 50% + payout target hot Unilevels (Xango, Life Force, Freelife, + others) and Binaries (Isagenix, USANA etc.) are simpler and payout more quickly than the old Stairstep Breakaways.  How does the WatchDog know this?  When Amway Asia was a public company, they gave the amount paid in commissions vs. income from sales.  We still have those old documents saved on DVDs from years back.  Now, in fairness to Amway Quixtar, if their distributors focused on selling just the Amway - Quixtar line of NUTRILITE nutritional products and soap, the earnings payout of the old StairStep will go up because of the higher commissionable volume rate on these consumable items.  See link below: THE WALMART SYNDROME!

MONAVIE SUES ZRII  OVER COMPLAN COPYRIGHT VIOLATIONS !
Ur Editor, Rod Cook:  Now wait a minute! Longevity did the first off side Binary with a Unilevel (FLUNKED)... Then Synergy World Wide did it first with a GENERATIONAL bonus.... (jeez you guys, see the Way Back Machine).... Synergy overpaid and the cutbacks in commissions = crash and burn . At the same time Natures Sunshine (SUCKERS) bought SynerGy WW .... Natures Sunshine lost their slot on NASDAQ because they couldn't file financicials.////////////////////////

THEN AGEL WAS BORN USING THE GENERATIONAL MATCHING BONUS (SEE THE WAY BACK MACHINE)

HEY, if you are going to do AN ITELLECTUAL PROPERTY LAWSUIT:  ANY LAWYER WITH HALF A BRAIN WILL GO TO THE WAY BACK MACHINE!

IS MONAVIE DOWN SO MUCH THEY CAN'T AFFORD GOOD COUNSEL??????????????????????????????

SPECULATION THAT IT IS BECAUSE MONAVIE NUMBERS HAVE TAKED A DIVE?
Matching Bonuses gone away?  Bonus Pools Declining?

67% DROP SINCE LAST MARCH!
MONAVIE WEBSITE VISITS SINCE LAST MARCH!  WOW!  DRAMATIC!  WHY THE MONAVIE DECLINE?


CLICK HERE Give Us Your Thoughts - Information on Monavie Dive!


HO - HUM, TRIPHARMA HITS MANDURA
Why is Tripharma throwing in top distributors who are independent contractors?
Is it a way for attorneys to make more money by serving more people?  I think both of the cases
below should be thrown out for abuse of the legal system!

Tripharma LLC vs. Solstice International Partners, dba Mandura, et al
AND TOP DISTRIBUTORS.

After taking a whack at Max International and leaders (see below) for patent infringement, Tripharma is going after MLM company Mandura.  These are the current details until we get the full lawsuit:

Court Case Number: 8:10-cv-00222-AG-AN
File Date: Tuesday, February 23, 2010
Plaintiff: Tripharma LLC
Plaintiff Counsel: Robert J. McKennon, Eric J. Schindler, Mathew S. Koller of McKennon Schindler LLP
Defendant: Solstice International Partners
Mandura
Casey Yarbrough
Daniel Montgomery
Aubree Holmes
Stephen Spratley
Dr Fran Clark
Wendy Morgan
Tara Williams
Julianne Sampson
Cory Gregory
Does 1-10
Cause: 28:1338 Patent Infringement
Court: California Central District Court
Judge: Judge Andrew J. Guilford
Referred To: Magistrate Judge Arthur Nakazato

HO - HUM, TRIPHARMA - SUES MAX INTERNATIONAL OWNERS AND TOP DISTRIBUTORS
FOR $450 MILLION FOR PATENT INFRINGEMENT!

RFC Case Number:  P-T10-196M

Court Case Number: 8:10-cv-00196-JVS-AN
File Date: Wednesday, February 17, 2010
Plaintiff: Tripharma LLC
Plaintiff Counsel: Robert J. McKennon, Eric J. Schindler, Mathew S. Koller of McKennon Schindler LLP
Defendant:   Max International LLC
   Steve Scott
     Fred Ninnow
        Greg Fullerton
          Peter Nordberg
     Mike Larkins
     David Bagley
       Eric Anderson
  Craig Case
Ken Dunn
  Julie Dunn
      Bill Andersen
          Cindy Andersen
            Dr Heidi Reitano
         Dr Joe Reitano
             Jose Marie Abilay
            Ryan Vanderpool
               Brenda Bridgforth
             David Bridgforth
       Carl Stanitzky
       Winder Lyons
        Tammy Sellars
    Yo Fujikawa
          Jamie Fujikawa
Cause: 28:1331 Fed. Question: Trademark
Court:  California Central District Cour    
Judge:         Judge James V. Selna                     
  Referred To: Magistrate Judge Arthur Nakazato

UR Editor's Opinion Note:  Max International should counter sue for an insultingly low amount of lawsuit!  See below:
IMAGENETIX VS MONAVIE = $2.75 BILLION LAW SUIT
$450 Million makes Max International look like a small company!  That should call for a counter-suit on that basis alone!

Imagenetix - Monavie Lawsuit Dispute Settled - Lawsuit Details Below!
CEO Dallin Larsen
Rod Cook Ur Editor Note: This has been confirmed telephonically with an Imagenetix (the Manufacturer who filed the $2.75 billion lawsuit) represenative and all is well.

Dear Diamonds and Above,

Yesterday I sent out an email to each of you regarding a suit that was filed by Imagenetix against MonaVie and our top distributors.  I’m happy to report to you that as we anticipated, this lawsuit has now been dismissed as of early this morning on Friday, May 16th. 

Should anyone in your organization inquire as to this situation, you can let them know that this is no longer an issue.  We apologize for any inconvenience this lawsuit caused any of you as I’m sure some of you have taken some calls.  Their filing of the case was unfortunate but it has now been resolved to the satisfaction of both parties. 

Onward and upward and yes, once again as a reminder, MonaVie does not contain Viagra! 

Dallin

MonaVie Statement On Imagenetix Lawsuit
CEO Dallin Larsen

Dear Diamonds and Above,

A few days ago in San Diego, California, a company by the name of Imagenetix filed a lawsuit against MonaVie and named many of our top distributors in the suit.  This was in breach of an agreement we had reached with Imagenetix earlier in the week.  We expect this issue to go away over the next few days. 

To give you some perspective and to calm any concerns you may have, when MonaVie first launched in 2005, we included in our product a trademark ingredient called Celadrin®.  Because we weren’t able to reach terms of use back in 2005, we stopped using this ingredient.  However, Imagenetix has claimed that some of our distributors continued to refer to Celadrin® as an ingredient found in MonaVie Active and as such, Imagenetix believes that MonaVie has violated their intellectual property rights in the ridiculous amount of $2.5 billion!!!    As a show of good faith, we’ve reached an agreement to once again include Celadrin® in MonaVie Active.  However, we are also very disappointed that Imagenetix chose to breach our agreement through the filing of their lawsuit.  We’ve obviously been in contact with them and their attorney called us as early as yesterday apologizing for the filing of the lawsuit, stating that he was uninformed that MonaVie and Imagenetix had already reached an agreement.  He was obviously embarrassed and we were less than amused.

Imagenetix has assured us that they will retract the filing and make a statement of such over the next few days and we fully expect them to keep their word.  If for whatever reason, they remain in breach of our agreement, rest assured that MonaVie is well prepared as always, to protect the interests of all our distributors.  Feel free to share this information with anyone in your respective groups who may have inquired as we’ve fielded approximately a dozen calls over the last few days at the company.  However, I would caution you not to overly concern anyone by spreading discussion on this topic, as again, we fully expect it to go away over the next few days.

I guess this means we’re no longer under the radar!  Keep up the good work!!!  And let this serve as a reminder, MonaVie DOES NOT contain Viagra!


Dallin

Editor's Note: Stunning turn of events!  Hope the referenced agreement above was in writing!

LINK TO READ ENTIRE LAWSUIT
HO-HUM MONAVIE SUES XOWII
DEC 2009 -- MonaVie is suing former distributors and Xowii a new startup competitor alleging they are trying to raid it’s Distributors by spreading lies about the Utah company's financial prospects. The South Jordan-based MonaVie is battling XOWii LLC of Newport, Calif., in 3rd  Federal District Court in Salt Lake City. The  MLM Companies are among about 2000 MLM Companies among whom competition can be fierce to attract and hold networks of independent distributors of their nutritional products. In this lawsuit filed this month, MonaVie also goes after  former distributors Rodney Robards of Oklahoma and Shaylon Hart and Chris Byram of Texas, who now probably own part of XOWii (editorial opinion), as well as officers of the California company.

HELP - NEED LINK TO COPY OF LAWSUIT

AGEL Vs MONAVIE's - RANDY SCHROEDER
Court Grants Temporary Restraining Order Against Randy and Tara Schroeder
: October 19, 2008
Editor's Note: Rumors say Monavie paid $3 million for Randy Schroeder (Randy says no $3 million was given) to move over to the Monavie deal.  So if you see the $3 million this is a lie! Will this TRO have much effect?  We will have to see how good a job Agel does of enforcing it. The WatchDog is getting complaints from Agel Distributors having their downlines raided by Schroeder so we know there a a lot of unhappy people in this raiding case.

A Temporary Restraining Order (TRO) will be entered against Defendants Randy Schroeder, Tara Schroeder, and Rising Sun, Inc., by the United States District Court in Utah following a hearing on October 16, 2008. Agel had requested that the Court prevent former distributors from using Agel’s trademarks, web sites, confidential lists and contact information to compete against Agel. The court stated that it will be entering a TRO.

Agel filed a lawsuit against Randy and Tara Schroeder alleging that they had violated various state and federal laws. In the TRO hearing, the Court ruled that Agel had established that there was a substantial likelihood of success on the merits that Randy Schroeder may have used email addresses and names protected by Agel's agreement. The Court also found that there is irreparable harm to Agel if Randy Schroeder is permitted to continue the use of that confidential information.

More specifically, Judge Steward held:
The Court is going to issue a temporary restraining order prohibiting Mr. Schroeder from using e-mail communications, the names of those individuals that are protected by the confidential information and team member lists, section 5 of the policy.

The TRO will preclude the defendant from using any Web site that has Agel in it.  And, further, he will be prohibited from any agreement with Yahoo, Google or any other search engine from using—from allowing or requiring them to direct traffic to his Web site or sites when someone types in the word Agel in the search engine.

This week, Agel filed numerous lawsuits against other former distributors alleging that they are improperly using Agel's confidential information relating to cross-recruiting. Over the next few weeks, Agel expects numerous and additional lawsuits to be filed. Agel will also request that the court enter Temporary Restraining Orders against each one of these defendants.

According to a statement released by Agel's General Counsel, Jesse L. Riddle, “If a distributor violates their contract and cross-recruits, they will be sued.”

Agel has established a new email address so that our Team Members may report cross-recruiting or other violations of Agel's Policies and Procedures. It is lawsuits@agel.com.

If any Team Member receives any communication from Randy or Tara Schroeder, or anyone affiliated in any manner with Randy or Tara Schroeder, please send information immediately to lawsuits@agel.com.


IMAGENETIX VS MONAVIE = $2.75 BILLION
LIST OF THOSE SUED BELOW

Rod Cook Ur Editors Notes:  Intellectual Property (IP) law is pretty tight.  I have worked with some  top IP lawyers (as Expert Witness) out of New York. They tell me if the charges made by Imagenetix can be proved, that it is just how much Monavie (and distributors?) pay in a settlement out of court.  Why?   IF THE IMAGENETIX LAWSUIT IS 80% CORRECT, going to court would be crazy for Monavie (see IP law below).

I am not happy that the lawsuit included Monavie distributors.  This is terrible for the industry and the rights of the MLM – Network Marketing distributors.  Will MonaVie pull a rabbit out of their hat?  Let’s hope so, for these poor folks!

This is an Intellectual Property lawsuit filed by Imagenetix, manufacturer of a "long chain esterified fatty acid" trademarked as Celadrin.

http://www.imagenetix.net/   Note: Yahoo stock tracking for Imagenetix is on the front page of the website.  Ed. note: Full disclosure I bought Imagenetix stock yesterday.

The lawsuit states, in early 2005 MonaVie purchased Celadrin from Imagenetix via two brokers for Imagenetix. The Celadrin sales brokers notified MonaVie that if MonaVie wanted to use Celadrin in their juices, then Monavie could get a sub-license to use the Celadrin trademark for use in the MonaVie drink.

MonaVie supposedly added  Celadrin to their product for a brief time in 2005 (your editor saw it on the label), but DID NOT purchase any more Celadrin  through Imagenetix sales brokers or obtain any kind of license to use the Celadrin trademark.

The Imagenetix lawsuit claims 10,000 web pages existed with Monavie distributors advertising MonaVie and touting Celadrin's benefits.  Included were the new folks on the Monavie block and even a page on MonaVie’s website at time of the filing of the lawsuit. The lawsuit by Imagenetix says “There is video footage from February this year of MonaVie's top distributor, Brig Hart, describing Celadrin as an ingredient in the MonaVie drink and promoting Celadrin's health benefits.”

The lawsuit says that Imagenetix took it a step further.  Imagenetix had labs analyze MonaVie liquid and for a few months it did contain Celadrin. They claim each bottle had so little Celadrin, it was ineffective.
US Trademark Intellectual Property law is strict.  Unless Imagenetix missed a hidden broker contract with, their only real defense will be to claim that responsibility lies with each of the individual distributors.  We are waiting for a response to this lawsuit from Monavie HQ. Will Monavie bite the dust?  Doubt it!  If the lawsuit information is correct, at this point it will be a matter of legal negotiation for a settlement out of court.  If they go to Federal Court, it might end up with Imagenetix owning MonaVie.
Here is the real time stock report on Imagenetix: http://finance.yahoo.com/q?s=IAGX.OB
Here is a review of Intellectual Property Code applying to this case: http://www.law.cornell.edu/uscode/15/usc_sec_15_00001117----000-.html

LIST OF DISTRIBUTORS IN LAWSUIT TOO
WOW! THE LARGEST MLM LAWSUIT EVER FILED! 2.75 BILLION DOLLARS!
Editors Note: As soon as this hit our inbox from a reporter we tried to call our contact at Monavie. At the time of this posting, we are waiting for a Monavie press release.  What is different about this lawsuit is that it is filed against (1) Monavie-Monarch, the company and (2)most alarming..... against top distributors to include 1-10,000.  Now let's understand that lawsuits occur with successful MLM companies on a regular basis.  The big difference with this lawsuit is the scope of trademark violation goes down to leaders 10,000 levels deep in the binary and it is the biggest amount EVER for a lawsuit in the MLM world!

Imagenetix Inc v. Monavie LLC et al
Plaintiff: Imagenetix Inc
Defendant: Monavie LLC, Mona Vie Inc, Monarch Health Sciences, Inc, Dallin Larsen, Henry Marsh, Randy Larsen, Amy Cowley, John Brigham Hart, Lita Hart, Steven Merritt, Gina Merritt, Corbin Roush, Holly Roush, Charles Kalb, Deborah Kalb, Ronald Prudhomme, Brenda Prudhomme, Edward Aristizabal, Shelly Aristizabal, Brian Cattano, Jill Cattano, Matthew Curtis, Kimberly Curtis, Tina Dupart, Todd Hartog, Angelique Hartog, Rodney Howard-Browne, Adonica Howard-Browne, Mickey Karshner, Victoria Karshner, Jason Lyons, Carrie Lyons, Angel Matos, Grayson Maule, Ken Porter, Robert Robinson, Linda Robinson, Devon Robinson, Todd Smith, Stephanie Smith, Frank Soucinek, Jr, Cynthia Soucinek, Brian Thayer, Jacqueline Thayer, Bo Vanpelt, Carrie Vanpelt, Black Diamond University Inc, Darrell Utterbach, Tracy Utterbach, Joseph Licciardi, Patrice Licciardi, Andre Walton, Penny Walton, James Bellacera, Denise Bellacera, Kelly Bangert, Jillian Bangert, Eric M Gutman, Rebekah Gutman and Does 1 - 10,000, inclusive

Case Number: 3:2008cv00814
Filed:              May 5, 2008

Court:             California Southern District Court
Office:            San Diego Office [ Court Info ]
County:                   San Diego

Presiding Judge: Judge Janis L. Sammartino
Referring Judge: Magistrate Judge Louisa S Porter

Nature of Suit: Intellectual Property - Trademark
Cause:             15:1114 Trademark Infringement
Jurisdiction:    Federal Question

Jury Demanded By:  Plaintiff
Amount Demanded: $2,750,000,000.00

AMAWAY ATTACK OON MONAVIE
The complaint explains that while MonaVie has only been around only a few years, its founder was associated with a now defunct company which enjoyed tremendous growth by marketing a "superfood" derived from a sea plant. The Food and Drug Administration (FDA) took action against the company for unsubstantiated therapeutic claims for mitigating various diseases. The company eventually stopped selling the product and its remaining inventory was destroyed under FDA supervision.
Ed note: Fair attack or not? Mr Dallin Larson was not running the company - Gary Raser was - So this may be another lawsuit back at Amway?   http://www.fda.gov/bbs/topics/NEWS/2003/NEW00976.html


____________________________

Editors note: Here is the article I wrote several years ago about the decline of the Stair Step Breakaway
THE WALMART SYNDROME AND MLM PAY PLANS - STAIR STEP BREAKAWAYS!

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HERE IS A LINK TO AMAZON WHERE ROD'S COMPLAN BOOK IS THE 3rd BEST SELLER IN MLM BOOKS.


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