Upon due consideration, and for the foregoing reasons, it is RECOMMENDED that
Talk Fusionís Motion for Preliminary Injunction (Dkt. No. 2) be GRANTED as follows:
Mr. Ulrich and Mr. Read are enjoined until November 9, 2011 from recruiting
Talk Fusion Associates for any other network marketing business, unless:
a. An Associate was personally sponsored by the individual seeking to
conduct network marketing; or
b. An Associate joined Talk Fusion after May 9, 2011.
If Mr. Ulrich and/or Mr. Read wishes to conduct network marketing business in
which prohibited Associates may be recruited, albeit unintentionally, Mr. Ulrich
and/or Mr. Read shall supply Talk Fusionís counsel with the prospective
Customer List for screening. The Customer List shall only be viewed by Talk
Fusionís counsel, shall be designated ďAttorneyís Eyes Only,Ē and Talk Fusionís
counsel shall have seven (7) days to notify Mr. Ulrich and/or Mr. Read of any
conflicting names to be removed from a given network marketing operation.
WowWe shall be enjoined from aiding Mr. Ulrich or Mr. Read in the solicitation
of prohibited Talk Fusion Associates, or soliciting Talk Fusion Associates in
concert with Mr. Ulrich or Mr. Read.
The Defendants shall be enjoined from using or disclosing Talk Fusionís
confidential and proprietary information and trade secrets, and shall immediately
return any such information if in their possession.