October 18, 2008
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, âIf 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.
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I guess past business building strategies no longer work when you mess with a strong company
Bob


