We wanted to give you, our fans and friends, an update on the lawsuit against us. So far Tauler has lost EVERY motion filed against us so far. He has brought three cases against us. One for the SARMs, one wrongfully claiming that we sell DNP, and the other stating that our first newsletter was harassment and a death threat. The following is a press release. Please share this. We need to let all of Rob Tauler's victims know to not pay him a dime. We are on the midst of shutting down his entire shake down business model. If you or anyone you know is being or has been sued by Rob Tauler and Co. please have them contact me. Enhanced Athlete intends to spearhead and finance a class action law suit against him.
We have won this battle but have not yet won the war. As promised, once Tauler is defeated, we will have a 50% off of everything sale (with a cap of $1000 per customer). We do not think this will end until next March or so since the courts move rather slowly.
************************************************
Enhanced Athlete Defeats Nutrition Distribution's Request for an Injunction
November 17, 2017 17:56 ET | Source: Enhanced Athlete, Inc.
CHEYENNE, Wyo., Nov. 17, 2017 (GLOBE NEWSWIRE) --
Enhanced Athlete, a Cheyenne, Wyoming-based company focused on fitness and bodybuilding supplements has convinced a judge in the United States District Court of the Eastern District of California to deny an injunction in a false advertising case brought by serial plaintiff Nutrition Distribution.
Nutrition Distribution, LLC v. Enhanced Athlete, Inc. et al. (E.D. Cal., Case N. 2:17-cv2069-JAM-CKD) is just one of more than 70 lawsuits filed by Nutrition Distribution against other supplement companies, in addition to hundreds of cease and desist letters Nutrition Distribution has sent demanding settlement payments. In each case, Nutrition Distribution alleges that it is a leader in the supplement industry and that the sales of the company?s fitness and bodybuilding supplements have been harmed by the false advertising of supplements by its competitors.
Enhanced Athlete claims that Nutrition Distribution is really in the business of shakedown lawsuits to coerce supplement companies to pay a relatively small sum of money to settle the matter or else face substantial legal fees defending against Nutrition Distribution?s meritless claims. EA further argues that Nutrition Distribution cannot show ? and has never been able to show ? that it has suffered any actual damage because there is no causal connection between the alleged false advertising by Nutrition Distribution?s targets and Nutrition Distribution?s alleged lost sales. Nutrition Distribution moved for a preliminary injunction against Enhanced Athlete arguing that it had suffered lost sales from Enhanced Athlete?s false advertising of supplements. The Court denied the motion, agreeing with Enhanced Athlete and finding that ?Plaintiff?s evidence does not establish a causal connection ? or even more than a merely speculative connection ? between Defendants? product and marketing and Plaintiffs? decrease in sales.?
?Enhanced Athlete is not going to be the next victim of Nutrition Distribution?s shakedown scheme,? says Scott Cavell, CEO of Enhanced Athlete. ?So long as supplement companies continue to pay these nuisance value settlements, Nutrition Distribution will continue with its business model of shakedown lawsuits.?
Enhanced Athlete?s attorney Michael Adams of Rutan & Tucker, LLP said, ?The Court?s order is the latest in a line of decisions finding that Nutrition Distribution has not established a causal connection between the defendants? alleged false advertising and Nutrition Distribution?s alleged lost sales.?
Scott Cavell
Chief Executive Officer
Enhanced Athlete
scott@enhancedathlete.com
We have won this battle but have not yet won the war. As promised, once Tauler is defeated, we will have a 50% off of everything sale (with a cap of $1000 per customer). We do not think this will end until next March or so since the courts move rather slowly.
************************************************
Enhanced Athlete Defeats Nutrition Distribution's Request for an Injunction
November 17, 2017 17:56 ET | Source: Enhanced Athlete, Inc.
CHEYENNE, Wyo., Nov. 17, 2017 (GLOBE NEWSWIRE) --
Enhanced Athlete, a Cheyenne, Wyoming-based company focused on fitness and bodybuilding supplements has convinced a judge in the United States District Court of the Eastern District of California to deny an injunction in a false advertising case brought by serial plaintiff Nutrition Distribution.
Nutrition Distribution, LLC v. Enhanced Athlete, Inc. et al. (E.D. Cal., Case N. 2:17-cv2069-JAM-CKD) is just one of more than 70 lawsuits filed by Nutrition Distribution against other supplement companies, in addition to hundreds of cease and desist letters Nutrition Distribution has sent demanding settlement payments. In each case, Nutrition Distribution alleges that it is a leader in the supplement industry and that the sales of the company?s fitness and bodybuilding supplements have been harmed by the false advertising of supplements by its competitors.
Enhanced Athlete claims that Nutrition Distribution is really in the business of shakedown lawsuits to coerce supplement companies to pay a relatively small sum of money to settle the matter or else face substantial legal fees defending against Nutrition Distribution?s meritless claims. EA further argues that Nutrition Distribution cannot show ? and has never been able to show ? that it has suffered any actual damage because there is no causal connection between the alleged false advertising by Nutrition Distribution?s targets and Nutrition Distribution?s alleged lost sales. Nutrition Distribution moved for a preliminary injunction against Enhanced Athlete arguing that it had suffered lost sales from Enhanced Athlete?s false advertising of supplements. The Court denied the motion, agreeing with Enhanced Athlete and finding that ?Plaintiff?s evidence does not establish a causal connection ? or even more than a merely speculative connection ? between Defendants? product and marketing and Plaintiffs? decrease in sales.?
?Enhanced Athlete is not going to be the next victim of Nutrition Distribution?s shakedown scheme,? says Scott Cavell, CEO of Enhanced Athlete. ?So long as supplement companies continue to pay these nuisance value settlements, Nutrition Distribution will continue with its business model of shakedown lawsuits.?
Enhanced Athlete?s attorney Michael Adams of Rutan & Tucker, LLP said, ?The Court?s order is the latest in a line of decisions finding that Nutrition Distribution has not established a causal connection between the defendants? alleged false advertising and Nutrition Distribution?s alleged lost sales.?
Scott Cavell
Chief Executive Officer
Enhanced Athlete
scott@enhancedathlete.com
