MonaVie vs. Oprah: Guess who prevailed?
MonaVie seems to spend a lot of time either suing or being sued.
Back in August, 2009, they crossed paths with Oprah Winfrey and Dr. Oz:
Quote:
On August 19, 2009, Harpo, Inc., producers of The Oprah Winfrey Show and The Dr. Oz Show, along with Dr. Mehmet Oz, filed a trademark infringement complaint against 40 Internet marketers of dietary supplements, including acai berry products among others. Neither Ms. Winfrey nor Dr. Oz has ever sponsored or endorsed any acai berry, resveratrol, colon cleanse or dietary supplement product.
Harpo, Inc. has filed this lawsuit to let consumers know that these internet marketers are willfully using the names of well-known figures to deceive the public. Neither Ms. Winfrey nor Dr. Oz has ever sponsored or endorsed any acai, resveratrol or dietary supplement product and cannot vouch for their safety or effectiveness. It is our intention to put an end to these companies’ false claims and increasingly deceptive practices.
"The companies that are using my name to hawk these products are duping the public. I do not endorse any of these products. By falsely presenting products as ‘scientifically proven’ and endorsed by well-known figures, these companies do a gross disservice to the public health and could even pose a danger to those who believe their false and unproven claims. I am taking this step in the interest of public safety. I feel compelled to stand up against these companies and their deceitful practices." -Dr. Mehmet Oz
http://www.oprah.com/health/The-Trut...-Colon-Cleanse
Fortunately for MonaVie, an “amicable” settlement was reached:
Quote:
MonaVie … maker of premier acai-based nutritional and energy drink products, today announces that the lawsuit brought against it and other defendants by Harpo Inc., owner of the Oprah Winfrey family of trademarks, and Dr. Mehmet Oz, a doctor who regularly appeared on The Oprah Winfrey Show and now host of “The Dr. Oz Show,” for the unauthorized use of their names and images, has been amicably resolved.
In an agreement among the companies, MonaVie will take every reasonable action to prevent independent distributors from using the names, images or trademarks of Oprah Winfrey and Dr. Oz without permission to advertise their businesses. Any distributor who is found in violation of this agreement will be subject to steep penalties including, but not limited to, the withholding of commissions. In connection with the resolution of the lawsuit, MonaVie has agreed to enter into a stipulated court approved injunction to be filed in the case which addresses the claims made in the lawsuit. Under the injunction, MonaVie is agreeing not to use without permission Oprah Winfrey’s or Dr. Oz’s names, images, or trademarks in any future advertising.
http://www.mlm-thewholetruth.com/net...-oprah-and-oz/
I guess that all depends on how one defines “amicable”. Oprah doesn’t need the money—they acquiesced to her demands, and an injunction is in place.
MonaVie can spin it any way they want to. My interpretation: she won, they lost.
Don’t mess with Oprah.
Re: MonaVie vs. Oprah: Guess who prevailed?
So with a loss, MonaVie goes on the offensive:
December, 2009
Quote:
MonaVie sues XOWii in yet another MLM lawsuit
MonaVie LLC is suing former distributors and an fledgling California competitor alleging they are trying to steal its independent sales force by spreading lies about the Utah company’s financial prospects.
The South Jordan-based MonaVie is suing the startup XOWii LLC of Newport, Calif., in 3rd District Court in Salt Lake City.
The two companies are among a legion of multilevel marketers among whom competition can be fierce to attract and hold networks of independent distributors of their nutritional and personal-care products.
Ya think?
Quote:
MonaVie said the falsehoods being spread about it included that many of its top leaders and whole “uplines” of distributors are leaving to join XOWii, that MonaVie is losing momentum in the direct-marketing industry and that its distributor and customers bases have become “saturated.”Other claims were that MonaVie’s products and compensation structure are not viable in the current economy, that distributors could triple their income with XOWii and that lucrative position were being held for those who leave MonaVie to join the competitor.
Waah...
http://www.mlm-thewholetruth.com/net...ie-sues-xowii/
Re: MonaVie vs. Oprah: Guess who prevailed?
Fast forward to the present.
June, 2010
Quote:
MonaVie Sues Zrii over Compensation Plan
MonaVie, the highly successful purveyor of nutritional fruit drinks, is suing Zrii, alleging the competitor ripped off its copyrighted plan for compensating independent distributors.
Both companies are multilevel marketers. They compete for distributors who are compensated in part on sales to new distributors they recruit into the company. Compensation plans are important parts of multilevel marketers’ ability to attract distributors because they determine the way monies are paid out.
In the lawsuit, MonaVie said the Zrii pay plan has “nearly identical arrangement, coordination and special layout of the titles, paragraphs and sections, highlighted examples, notes and graphic depictions.”
“They lifted specific provisions of our plan word for word in many cases,” Graden Jackson, attorney for MonaVie, said Friday.
Mary Anne Wood, the attorney for Zrii, said the company denied that it copied MonaVie’s plan.
…
In addition, MonaVie wants Zrii to pay for damages caused by the alleged copyright violation, with the amount to be determined at trial, as well as attorney and other fees.
Did too...did not...did too...
http://www.mlm-thewholetruth.com/net...ensation-plan/
I wonder what MonaVie’s legal expenses are, and in the end, who really pays...
Re: MonaVie vs. Oprah: Guess who prevailed?
MonaVie vs. Oprah: Guess who prevailed?
Well we'd always like to think the one in the right prevails, but that is not often the case...tis the one with the most money...looks like in this case they may have both been the same...so the outcome is not a surprise.
Quote:
Originally Posted by
Emet
MonaVie seems to spend a lot of time either suing or being sued..
Can we name a multi-million dollar entity that is not? Toyota? GM? BP? AIG? anyone? Any company not regularly sueing or being sued?
Again not a surprise, tis another norm of big business in any industry.
Re: MonaVie vs. Oprah: Guess who prevailed?
Can we name a multi-million dollar entity that is not? Toyota? GM? BP? AIG? anyone? Any company not regularly sueing or being sued?
Again not a surprise, tis another norm of big business in any industry.[/QUOTE]
All you MLMers LOVE to say that. If we're being sued we MUST be successful. That's why YTB is JUST like Microsoft. It's true. Coach says so.
Re: MonaVie vs. Oprah: Guess who prevailed?
Quote:
Originally Posted by
iamwil
MonaVie vs. Oprah: Guess who prevailed?
Well we'd always like to think the one in the right prevails, but that is not often the case...tis the one with the most money...looks like in this case they may have both been the same...so the outcome is not a surprise.
Oprah had a good case, and won on the merits. Period.
Quote:
Can we name a multi-million dollar entity that is not? Toyota? GM? BP? AIG? anyone? Any company not regularly sueing or being sued?
Again not a surprise, tis another norm of big business in any industry.
Irrelevant. This is about one company, and recent lawsuits. Period.
Re: MonaVie vs. Oprah: Guess who prevailed?
Quote:
Originally Posted by
Emet
Oprah had a good case, and won on the merits. Period.
Irrelevant. This is about one company, and recent lawsuits. Period.
Did someone say Oprah didn't? You appear to be a hard fellow to agree with.
My comment was not irrelevant, companies get sued all the time. Take a look at BPs subcontractors TransOcean and Haliburton. If numerous recent lawsuits are your defintion, they must be MLMs???
