Talkfusion versus J.J. Ulrich – Joe Read and WowWe lawsuit
A review about Talk Fusion can be found here
A review about WowWe can be found here
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION
TALK FUSION, INC., a Florida corporation, Plaintiff, Case No. 8:11-cv-01134-T-33AEP v. J.J. ULRICH, an individual, JOE READ, an individual, and WOWWE, INC., a Nevada corporation, and WOWWE MEDIA, LLC, a Nevada limited liability company,
Defendants.
AMENDED TEMPORARY RESTRAINING ORDER
Upon consideration of Plaintiff’s Amended Complaint, Amended Motion for a Temporary Restraining Order, and the Amended Affidavit of Robert Reina, and having determined that:
1. Defendants, J.J. Ulrich (“Ulrich”) and Joe Read (“Read”), are former independent Associates of Plaintiff, Talk Fusion, Inc. (“Talk Fusion”). Defendants, WowWe, Inc. and WowWe Media, LLC (hereinafter referred to collectively as “I Wow We”), are competitors of Talk Fusion.
2. Talk Fusion is being injured by Ulrich’s and Read’s acquisition and use of Talk Fusion’s confidential, proprietary, and trade secret information to solicit Talk Fusion’s Associates and customers to leave Talk Fusion and join I Wow We. I Wow We, through WowWe, Inc. and WowWe Media, LLC, is acting in concert with Ulrich and Read to solicit Talk Fusion’s Associates and customers.
3. Talk Fusion has suffered and will continue to suffer irreparable injury due to Defendants’ conduct.
4. Talk Fusion has suffered and will continue to suffer irreparable injury due to Defendants’ conduct.
5. Greater injury will be inflicted upon Talk Fusion by denial of a temporary restraining order than would be inflicted upon Defendants by granting of such relief. It is in the public’s interest that the relief is granted to prohibit Defendants from violating their contractual and other duties to Talk Fusion.
6. The relief granted herein without notice is necessary to prevent further harm to Talk Fusion pending resolution of the preliminary injunctive relief requested by Talk Fusion.
It is hereby ORDERED, ADJUDGED, AND DECREED that:
A. The Motion is granted to the extent provided herein.
B. Talk Fusion shall post security in the amount of $5,000.00 in accordance with Federal Rule of Civil Procedure 65(c) by no later than May 31, 2011. Federal Rule of Civil Procedure 65(c) by no later than May 31, 2011.
C. In accordance with Rule 65(b)(2), Fed. R. Civ. P., this Order shall remain in full force and effect until 5:00 p.m. on June 7, 2011, at which time it shall expire by its terms unless extended by this Court upon good cause shown, by consent of the parties, or by entry of a subsequent preliminary injunction by this Court. A hearing to consider the motion for preliminary injunctive relief requested by Talk Fusion shall be held on June 6, 2011, at 2:00 p.m. before Judge Porcelli in Courtroom 10A of the Sam M. Gibbons U.S. Courthouse, located at 801 North Florida Avenue, Tampa, Florida 33602.
D. Defendants Ulrich and Read are immediately enjoined and restrained, directly or indirectly, and whether alone or in concert with others, including any officer, agent, employee, and/or representative of Defendants, WowWe, Inc. and WowWe Media, LLC, until hearing and thereafter until further Order of this Court from:
1) soliciting, recruiting, or otherwise initiating any further contact or communication with any Talk Fusion Associate or customer, with the exception of an Associate who was personally sponsored by Ulrich or Read, for the purpose of inviting recruiting, encouraging, or requesting to join I Wow We or any other network marketing business;
2) using, disclosing, or transmitting for any purpose, including solicitation of said Associates and customers, the information contained in the records of Talk Fusion or concerning its Associates and customers, including, but not limited to the names,
addresses, and genealogy information; and
3) destroying, erasing, or otherwise making unavailable for further proceedings in this matter, or in any arbitration proceeding between the parties, any records or documents (including data or information maintained in computer media) in Defendants’ possession or control which pertain to or which relate to any of the events alleged in the Complaint in this action.
E. WowWe, Inc. and WowWe Media, LLC are immediately enjoined and restrained from using any of Talk Fusion’s confidential information and acting in concert with Ulrich and/or Read to solicit or recruit any Talk Fusion Associate or customer to join I WowWe.
F. Defendants, and anyone acting in concert or participation with Defendants, specifically including any agent, employee, officer, or representative of Defendants, WowWe, Inc. and WowWe Media, LLC, are further ordered to return to Talk Fusion’s counsel any and all records, documents, and/or other types of information pertaining to Talk Fusion Associates and customers (“Customer Information”), whether in original, copied, handwritten, computerized (including computer software, disks, computer hard drive and/or any other type of computer or digital information storage device), or memorialized in any other form, within twenty-four (24) hours of notice to Defendants or their counsel of the terms of this Order.
G. Defendants, and anyone acting in concert with Defendants, is precluded from reconstituting or in any way restoring any Customer Information deleted pursuant to this paragraph and returned to Talk Fusion pursuant to paragraph (F) above.
H. The parties are granted leave to commence discovery, including depositions, immediately in aid of preliminary injunction proceedings before this Court.
I. Plaintiff is directed to obtain immediate service of process on Defendants. In addition to the summons, complaint and this Amended Temporary Restraining Order, Plaintiff must also serve all motions, briefs, affidavits, and exhibits submitted to the Court, as well as such additional affidavits or other papers upon which it will rely in seeking to convert the temporary restraining order into a preliminary injunction.
DONE and ORDERED in Chambers in Tampa, Florida, this 31st day of May, 2011.
Source: https://dockets.justia.com/docket/florida/flmdce/8:2011cv01134/258513/
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Brrrr… Law Suits are never good news for distributors.
This is unfortunate but Reina just does not take losing well. I was a leading associate in Talk Fusion and dealing with Reina is like dealing with an exwife. He is not a nice man and he is hell to work for. Iwowwe remains to be seen. It has very strong leadership and very well financed. Only time will tell how this plays out.
Rumor has it that this case will be tried on Monday. In reviewing what I know, it appears Reina will have a tough time proving issues regarding recruitment of Talk Fusion associates as well as finding any fault in Iwowwe. Starkey (Iwowwe owner) is a top shelf guy and if he thought for a moment that Ulrich was recruiting Talk Fusion associates for his company, he would drop Ulrich like a hot potato.
Film at 11
Ulrich made a really great website for us; TFTeam and TFService. I loved the sites, however, he was capturing everyone’s ID #’s and that’s where the crap hit the fan. He didn’t get permission from Bob to do this and there, I stand with Bob, no matter how hard a guy he is or hard to get along with, he has every right to file a law suit. And when it comes to leader ship, I’m very pleased with corporate and the those who run the company.
This is the exact reason I went into MLM remission over 20 years ago when after 2 years of building an organization of over 10,000 distributors and an income of over 50K a month, to find out our CEO was crook and how the company transformed itself into a bunch of prostitutes and whores. This is what is killing the credibility and integrity of our industry. If you still love networking, but wish you could escape the bull, then I encourage you to talk to me. No BS, just a friendly conversation like two friends should have.
This is the challenge when you sell stuff through MLMm that anyone can make. Video marketing is suddenly everywhere. Talk Fusion had a 6 month head start, but now they made a lot of money, everyone is getting on board. The lesson here is that the most successful MLMs you can be involved with long term are those with unique products that really make a difference in people’s lives.
After 14 years in the industry, those are the companies that still pay me monthly cheques. Those producing videos, websites, fuel additives, etc lasted a couple of years and then vanished. Even though I joined Talk fusion and recruited a few people, and someone from IWOWWE joined me for free, I always believed these companies have limited time. Looks like this will scare many people away from both companies.
Mind you, stealing downline lists is very bad. It’s happened to me and it can ruin your business.
For those of you not familiar with this case, this is not a simple case of a Distributor from one company going to another. Not even close. It is much bigger than that. I do not think the MLM industry has ever seen a lawsuit like this.
This is a case where JJ Ulrich and Joe Read created their own Talk Fusion marketing and training site that was not authorized by Talk Fusion corporate. On that site, Talk Fusion Distributors were asked to provide their Talk Fusion ID numbers and passwords to enter “JJ Ulrich’s” training site. Ulrich LIED to everybody and told them this was authorized by Talk Fusion corporate and Bob himself.
As any of you know, there is not a MLM in the world that would allow any Distributor to ask other Talk Fusion Distributors, both on their team and other teams as well, for their ID number and password.
After Ulrich had their ID and password, he attempted to recreate their Talk Fusion genealogy in a separate database managed by JJ Ulrich and Joe Read. .
JJ Ulrich, Joe Read and Wow We are in BIG TROUBLE as Ulrich/others are trying to use this data, which was obtained illegally, to recruit people into Wow We.
A special note to Brian- I have never heard of you but you were a top earner. Is Brian your real name? If not, what is your real name? If Brian is your first name, what is your last? I have never heard of a Top Earner named “Brian”.
I have also heard that JJ Ulrich and Joe Read may be charged criminally as well.
Talk Fusion is 100% right in this case.
My take on this is simple.JJ Ulrich offered to train and help anyone in building their business and JJ also was doing this for free. JJ has put over $30,000 into this sponsoring/training tool to help anyone who is willing to work.
After JJ spoke to Bob about his good intentions Bob called JJ everything but a white person and used curse words that you have never heard in your life.
So JJ was told to get out of Talk Fusion and so he did and then joined IWowWe and to the best of my memory has not induced any of Talk Fusions people to follow him.
Many people as well as myself decided to move over to IWowWe because the program is real similar and way less money. No one had a gun held to their head and this was done by their free will.
Now Bob is resenting his own actions and is lashing out at JJ.
This sounds like a child who was caught doing something wrong and is trying to cast blame on everyone but himself.
This will pass and it will make Talk Fusion a company that most people who have any sense will avoid like the plague. I for one would never join a company that is so interested in itself and not in the people who are making it money. Another thing to chew on is the fact that Talk Fusion is a Binary tells you right up front that you can figure on not making any money in this program.
JJ had a system that actualy turned Bob’s Binary into a Matrix and I believe that is why Bob is being an ass.
I have been in these businesses for over 20 years and have seen companies come and go because of greed on the owners part so make your own decision when it comes to people like Bob and NEVER work in a Binary because the company keeps the larger part of your potential income.
Hi Jerry,
Your version of events is NOT even close to the truth.
Let me break it down for you:
1. Any Distributor who wants to create 3rd party marketing materials/training MUST have it approved in advance by the company. JJ did NOT. This is a violation of the Talk Fusion Agreement.
2. JJ Was charging people for lead scrapers, leads, etc. In total, an extra $1000 and guess who was making $$$ on these tools- JJ.
This is a violation of the Talk Fusion Agreement.
3. On his “team site” that he created, he was asking people for their Talk Fusion ID number and password and lying to people that Talk Fusion Corporate had approved this. They did not. This is a violation of the Talk Fusion Agreement.
4. JJ and Joe Read attempted to copy Talk Fusion Genealogy information and place the data on their own servers. This is a violation of the Talk Fusion Agreement.
This is just the start of it.
There is NOT a MLM company in the world that would allow any Distributor to ask for the ID and passwords of other Distributors and then try to copy the Genealogy.
So, all of this nonsense about Bob getting mad at JJ, etc. is just that, nonsense. I was not on that phone call and I would presume you were not either. If I were Bob, I would have been mad too.
Jerry, I suggest you go do some research. JJ Ulrich has NEVER made BIG $$$ in MLM. The ONLY place he made it was the CEO of Elite Activity which is a gigantic PONZI SCHEME as validated by the courts. So, he does not have the ability to train anybody as you cannot train people in MLM if you have not even made it yourself first.
Your comment about the Binary is just stupid. So, let me get this right. A company that tells you to sponsor 3 who get 3 down to levels is somehow better than a binary that teaches to sponsor 2 and pays you to unlimited levels. Binary compensation plans are PROVEN- go look at Market America and USANA who have been around for approx. 15 years.
No 3×7 Forced Matrix has ever survived long term to my knowledge- if you know differently, please post the name of the company.
JJ,Joe Read and others will have their chance t explain themselves in front of a Federal Judge- right where they should be.
I think it is AWESOME that Bob is putting them into a venue where the truth MUST be told!
Let’s keep everyone updated here as I am confident Talk Fusion will prevail. Talk Fusion already won round one!
J.J. Ulrich is a con man from the word go! All you sheeple that wish to follow this lying scum bag have fun… He is already building you a nice teamIwowWe and IwowWeService system so he can get your down line information and take it to the next company he wants to ransack once the idiot that runs IWowWe pulls his head from where the sun don’t shine! Search J.J. Ulrich Scams and see the gifting scams he ran and is still running! I Wow We being FREE that is the real funny part it will cost everyone of the unfortunate souls that buy into the lies, mark-my-words. Check out the so called server farm underground that they claim to own. Get the facts jjulrich-scams.com
This is all so unfortunate there are some good people that have been sucked into the vacuum of lies and will need to learn an unfortunate lesson, but life I suppose is about the lessons we all must learn. I do hope that those of you that have joined this company will get to the truth before you bring your friends and families along for the decent of I Wow Wee from their ground floor perch, it breaks my heart to see good hard working people being led astray.
There is room in the world for many different companies like those in question here, it is however sad when the wolves come out to eat the sheep in the middle of the night under the clock of darkness. But these wolves unfortunately exist and I will remain a great supporter of the direct sales industry and how it has the potential to help many people around the world through many, many good and honest companies like Talk Fusion.
JJ will devour you and your down line with his new I Wow Wee team marketing systems and this also beg the question how did he get to be the Master Distributor of I Wow Wee? CEO, Bill Starkey has he been led astray and conned by JJ the conman or was he complicit in the conspiracy? Stay tuned folks this story has just begun..
My Real Name is Mark Genovese and I AM A Double Diamond Talk Fusion Representative and proud of that fact!
Hi Everybody,
As an update- Talk Fusion WON in Federal Court on Monday against JJ Ulrich, Joe Read and Wow We-
Each of the defendants are prohibited from recruiting or attempting to recruit any Talk Fusion Associate. Talk Fusion is also moving forward with a very large damages claim against each of them.
Score so far:
Talk Fusion- 2
JJ Ulrich/Joe Read/Wow We- 0
I would first like to offer my humble apology for my lack of communication for the last two weeks. There has been a lot of gossip, emails and guessing to what has been going on so let me fill everyone in on the facts. I would first like to express my sincere gratitude, love and appreciation for the support and prayers that have flooded in via email, phone and Skype. Those of you who know my heart and my love for people realize what has been going on and has placed me in your prayers. So with that said let me update you with the facts.
15 days ago I was served at my home in Utah with a federal case with Talk Fusion/Bob Reina. One of these documents was a federal Restraining Order to stop all communications with pretty much everyone until our case was heard on Monday June 6th, 2011 in Tampa Florida?s Federal Court. In addition to being served, a massive online attack campaign started via Emails, Skype, Blogs, Websites and phone calls attacking my character and expressing dishonest statements regarding previous business ventures. The stress from these two situations took a massive toll on my 8 year old daughter who suffers from brain cancer, seizures and autism. These situations have stressed and triggered numerous seizures and health challenges with her over the last few weeks.
Once these situations and attacks began certain members of my team decided they were no longer aligned with my commitment to serve others and my marketing style. They notified me they intended to start their own team site however they would wait to notify people until after the results from the case in Florida was over. I consulted with council and they wanted $200,000 to file the response and appear on my behalf in Florida. This was not an option so I appeared in Federal Court representing myself on Monday. Talk Fusion had an epic legal team and multiple witnesses they flew in that appeared on their behalf. We both discussed our points and really came to terms there was a big misunderstanding. I want to own my part in this case. I did have an email saying to go ahead with my site that is in the court records for review. However the go ahead to the two sites was given without me getting clear that Bob Reina actually reviewed the back office of the team site. Bob Reina and I had the opportunity to talk out of court and really get clear on both of our intentions. I believe this whole case will go away after we really got clear and had the opportunity to talk. I expressed my concern with people in Talk Fusion members blasting these negative emails and creating blogs on a mission to destroy my name. We researched the owner of these sites and email blasts and Bob made the calls to have them removed immediately. These emails don?t serve anyone but draw negative attention to everyone. I have not engaged in these types of sites or attacks and refuse to be party to them. I appreciate Bob?s willingness to work with us and to create solutions to the problems we are facing. I cannot discuss this solution, however I will keep you informed as I can discuss the solution we reach. Please understand I sit in gratitude for the support from Bill Starkey at IWowWe and the understanding from Bob Reina at Talk Fusion. I believe through taking the high road and avoiding negative attacks we will discover the highest degree of resolution to this unfortunate misunderstanding.
This whole situation stems from the lack of communication and mutual respect for everyone. No matter if people disagree or decide to move on, people should always honor each other and treat each other with love and respect. This also has shown me that I need to be more responsible for making sure my communications are not only clear but have people repeat back to me what they heard so I know that we are on the same page. I have a tendency to get excited and I forget to make sure people are hearing my message. I believe if I used better skills with Bob Reina and got clear that he not only approved the site but that he actually completely reviewed the content we would have never been to this place or this situation. However I own the fact I am responsible for my communication and I should have done a better job in getting clear with Mr. Reina before I continued with my sites. In addition I own I should have worked with other leaders so they understood my intention, sites and plan of action to help everyone achieve success. Being a leader means the ability to own mistakes you make and I stand here owning this mistake. If you are not making mistakes in life you are not taking chances and the test of a leader is the ability to own their mistakes and the willingness to change the behavior that creates them.
So here it is where I am at today! I am a stand to continue to help empower people to help themselves build a lifestyle of abundance. I am not longer going to empower people to just ride the wave of success. I am committed to educate people of tools, systems, education and support them through leadership and dedication. I am committed to not isolate these resources to only members of our team. I am committed to making sure any person; group or company from any organization can be empowered to learn how to build their businesses. I believe and will always believe we achieve more through the synergy of working together and staying strong through difficult times. I will not give up on people! I will not give up on this team! I will not give up on my passion and commitment to educate people on building abundance and I will not give up when situation have me starting from ground zero again.
In closing I would like you to know I realize the difficulty the last few weeks and the extreme changes have been on everyone. However through great adversity people identify their strengths and grow closer together. I also know through massive adversity gives way to amazing success. For those of you still willing to work together through this storm we will prevail on the other side victoriously and strengthened in our connection. I ask you to send love and encouragement to those who are in a place needed to attack and hurt so they too can find their way into their heart and back to a place of forward progression. In regards to moving forward with our team I will provide further updates as soon as I can.
Thank you for reading this and I hope you will be willing to share this messages. I love and appreciate each of you.
WOW .. The only comment I have.. is BOB can’t say he did not know about the system. I believe there were some TF people at the TOP that felt a threat .. of what the “DASH for the Diamond” program would have done .. had it launched.
Hurry up and do some QUALITY video tutorial and MAKE the change to the system you been promising.
You you FORGOT you stated LIFETIME pricing to ELITE members .. then you raised it to $35 from $20 per MONTH!!!
BOB can’t control PEOPLE….. I can join iWowWee I want .. It’s a FREE country.. (so to speak)
Hey “FREE minded Talk Fusion Associate” Have you been brain washed by JJ’s so called training system. JJ proclaimed that his training system was open to all Talk Fusion Reps and so it was. When people not in his down line sent their prospects to JJ’s system some how some of them seemed to find their way signing up in JJ’s personal account and not the account of the person who sent them there. JJ was also saving and manipulating all talk fusion data and storing this data on his server. He then used this ill gotten information to promote his spamming software to talk fusion reps THAT WERE IN other peoples teams. At no time did JJ tell Talk Fusion his system was going to allow members to log into their Talk Fusion accounts through JJ’s system and give access to all their down line information to JJ so he can recruit them in to other programs… Yes you can join IWowWe and I hope you do; so you can see how good you had it at talk fusion (If Your Ever Were A Talk Fusion Rep) IWowWe is a good place for you and JJ. I have herd the IWowWe propaganda and know for a fact most of what they say to their people are nothing but lies. I know for a fact that some Talk Fusion reps were persuaded to join IWowWe AS IS THEIR Right To Choose. I also know many that did listen to the IWowWe propaganda are now back promoting Talk Fusion once again seeing the errors of their ways (We All Make Mistakes). I also know a few Talk Fusion Reps have been terminated and they too went off to IWowWe and are now fabricating their own lies to swindle I mean entice people into their new down lines. I know anyone that dose their homework and compares the two companies will see the truth about IWowWe owning another video email company that is in direct competition with IWowWe reps. I am sure that is where they steer all the potential companies that don’t wish to work their business model… Get the IWowWe facts at IWowWeSaidWhat.com
I do agree it is a free world and we are all able make our own choices! We can even post on web sites like this one “hiding our identities” when we are ashamed of what we write on them.
Have a blessed day!
Mark Genovese
Grateful Talk Fusion Associate
PS’ Elite Members Never Paid $20 for the Elite package it has been $35. since inception and that is the best deal in the industry! 3 custom templates, 3 Business Centers to go along with the best 8 video products on the market. Six figures a year in less then a year is unheard of in the mlm industry and Talk Fusion can boast more then any other company on the planet the number of new reps building their business and earning six figure incomes their first year.
Mr. Mark Genovese is so “right” and furthermore the Talk Fusion platform will prove to be one of the best ran MLM company’s on the planet! Any rep has the opportunity to be as successful or (not) based on his or her efforts and as a result Talk Fusion will continue to dominate and be a clean competitor in the area of network marketing. As Talk Fusion continue to grow,we will continue to have our haters I guess that just come with the territory.So if someone does not have anything to say positive about a company,why don’t you just zip that lip and say nothing at all.!!
Liers will lie, cheaters will cheat, and the world will survive. In the end game the truth will surface.
The fact of the matter is that although Talk Fusion may have a very good service it is a BAD opportunity. I was approached by 14 Talk Fusion distributors from July 2010 to March 2011. If Talk Fusion had a good opportunity I would have joined them. Any time a company asks you to pay $785 to be in their business and 90% is paid to the upline in bonuses – RUN AWAY!!
Want to know what kind of a man Bob Reina is? When I was introduced to WowWe in March and saw that it was a better service and a GREAT opportunity (cost of $69 to sign up) I contacted the Talk Fusion distributors that had asked me to join them to ask them to compare the two opportunities. This reached Bob Reina. Bob Reina called me on 2 occasions asking me to call on 3 way some of the WowWe leaders that I had spoken to and try to get them to say something bad about Talk Fusion that he could use against them. I respectfully declined and told him I was not willing to do that. Bob wanted me to be a “snake in the grass” for him. I would never be associated with someone as unprofessional as that. Oh. By the way the conversations were recorded so Bob can’t deny it.
I joined WowWe shortly after that and I’m glad I did. I already have a huge organization and growing daily!
Good luck to all you folks that decide to stay with Talk Fusion and Bob Reina! I hope it doesn’t take you too long before you see the light and realize what kind of opportunity you are in.
Hi Friends,
Sorry to see that there are lot of people suffering because of the mistake of the company or the senior partner.
I am from India, happen to associate accidentally to an Networking company which is started in 1998 in Hong Kong which has really worked on the basic principle of Integrity and Responsibility. I am proud to be in MLM with that company for last few years and I am sure I will be with them for the rest of the life. With in 13years they got sales in 160+countries and growing because of Unique product ranges and business plan.
If any one is Interested in looking into it with Integrity and Responsibility to make a good amount of money. You are welcome to email me,
Regards
Naveen