Ford
Herbalife International America Inc. v. Ford
Opinion
Lead Opinion
MEMORANDUM *
Defendants appeal the preliminary injunction entered in this case asserting that it is overbroad. We have jurisdiction pursuant to 28 U.S.C. § 1292 (a)(1) and review for an abuse of discretion. Negrete v. Allianz Life Ins. Co. of N. Am., 523 F.3d 1091, 1096 (9th Cir.2008); Freecycle Network, Inc., v. Oey, 505 F.3d 898, 901-02 (9th Cir.2007). We affirm the preliminary injunction in part and reverse it in part.
Defendants do not challenge paragraphs one or two of the preliminary injunction, which prohibit defendants from using Herbalife-generated reports to solicit Herbalife customers or distributors. Paragraphs one and two of the preliminary injunction are affirmed. Although defendants challenged paragraph four, that paragraph is now moot as the one-year period to which it applied has expired for all defendants. See LGS Architects, Inc., v. Concordia Homes of Nev., 434 F.3d 1150, 1153 (9th Cir.2006).
Defendants challenge the last clause of paragraph three, which prohibits them from “Using or disclosing for business related purposes ... contacts or business information acquired during [defendants’] work with Herbalife.” Defendants assert that this clause improperly…