A Cheyenne, Wyoming based company that deals with bodybuilding and fitness, Enhanced Athlete, has induced the court to deny an injunction in a lawsuit brought forth by Nutrition Distribution. Apparently, Nutrition Distribution had filed a case in the US District Court of the Eastern District of California claiming that its sales had gone down due to its competitor’s false advertising of products . The case did not come as a surprise as the Nutrition Distribution Company has more than 70 other similar cases pending against other competitors. Not to mention that the company has sent hundreds of cease and desist letters in demand for settlement payments.
In the case Nutrition Distribution, LLC v. Enhanced Athlete, Inc., et al. (E.D. Cal, Case N.2:17-cv-2069-JAM-CKD), the serial plaintiff sought a preliminary injunction against defendant Enhanced Athlete arguing that the defendant’s false advertising of products has harmed its sales. However, the plaintiff had a difficult time to convince the United States District Court Judge that there was a connection between the false adverts run by the Enhanced Athlete and the drop in sales of its company.
In their defense, the renowned Enhanced Athlete Company has made the claim that the plaintiff was in a blackmail business of shakedown lawsuits to persuade other wellness companies to pay a certain amount of dollars lest they face requisite legal fees defending against the plaintiff’s merit-less claims. The defendant further explained that Nutrition Distribution could not show and has not been able to prove that it has suffered actual damage because there is not even a causal connection between Nutrition Distribution’s lost sales and the alleged false advertising by its plaintiff’s targets. The judge could not have any more of this. He declined the Nutrition Distribution’s request for an injunction. He ruled in favor of the Enhanced Athlete probably marking the turn of tables for the much insecure Nutrition Distribution Company. Well, maybe it’s time Nutrition Distribution swallows the bitter pie and stops blaming competitors for their continued downfall as the odds continue been against them.
The legal attorney employed by the Enhanced Athlete company, Michael Adams of Rutan & Tucker, LLP said that the court’s order is just the latest in the line of decisions to find that Nutrition Distribution is yet to establish any link between the Nutrition Distribution alleged lost sales and the defendants’ alleged false adverts. In his remarks, CEO of Enhanced Athlete, Scott Cavell remarked that Enhanced Athlete was not going to be another victim of Nutrition shakedown scheme. He continued to say that as long as other wellness companies adhered to paying this nuisance value settlement fees, Nutrition Distribution will carry on with its new business in town, shakedown lawsuits.
You can find the facility in one of its locations, Carson City, Nevada. Enhanced Athlete pioneers human revolution and seeks to maintain its high-level standards of customer satisfaction. You know what the fanatics of Enhanced Athlete say, “They crush ignorance and unites friends of freedom.”