Nulife Ventures, Inc. v. Avacen, Inc.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 NULIFE VENTURES, INC., Case No. 20-cv-2019-BAS-KSC

Plaintiff,

ORDER ON PLAINTIFF’S MOTION

v. FOR PRELIMINARY INJUNCTION (ECF No. 6) AVACEN, INC., et al.,

Defendants. 16 Plaintiff NuLife Ventures, Inc. is a multi-level marketing (“MLM”) company that sells health products through a network of sales agents known as Independent Brand Partners (“IBPs”). In 2019, Defendant AVACEN, Inc. entered into a contract with NuLife to supply certain medical devices developed by AVACEN’s founder, Defendant Thomas G. Muehlbauer. AVACEN registered as NuLife’s IBP and transferred AVACEN’s existing sales agents to NuLife. In 2020, NuLife and AVACEN’s relationship faltered. NuLife sued AVACEN in Tennessee and sought to enjoin AVACEN from launching a competing MLM or recruiting NuLife’s IBPs. The Tennessee trial court denied preliminary injunction. NuLife appealed the judgment, which is now …