Earlier this year Youngevity filed a lawsuit against Wakaya Perfection.

The complaint accused Wakaya Perfection, co-founder Todd Smith and several named defendants of effectively
gutting Youngevity
from the inside.

In May Youngevity filed for an injunction against Todd Smith, Blake Graham and Total Nutrition Inc.

The injunction sought to stop Smith, Graham and Total Nutrition from continuing to use “Youngevity properties” to ‘
market and profit off the sale of Youngevity products
‘.

In a nutshell, Total Nutrition websites that ranked for Youngevity queries were being used to direct people towards Wakaya Perfection.

The injunction was
denied
in June owing to pleading deficiencies in Youngevity’s complaint.

In July Youngevity filed an amended complaint, again requesting a preliminary injunction be granted.

In their defense, Smith, Graham and Total Nutrition argued that they were permitted to continue to use Youngevity properties, because a two-year statute of limitations period had expired.

This was rejected by the court, on the basis that it meant if a plaintiff withdrew consent after two years, the claim would automatically be rejected.

The court also agreed that by not granting an injunction, Youngevity would suffer irreparable injury.

A competitor’s access to a company’s confidential customer information can clearly cause very serious damage to a company’s market share and business goodwill that is impossible to measure and compensate via money damages.

The court also found Smith, Graham and Total Nutrition had failed to provide ‘
any persuasive reason as to why they should be allowed to continue misappropriating Plaintiffs’ likenesses
‘.

On December 1st, Todd Smith, Blake Graham and Total Nutrition Inc. were ordered to cease using a phone number and two Youngevity related websites.

Smith, Graham and Total Nutrition filed a motion for clarification and reconsideration on December 7th.

On December 9th the court denied reconsideration but did clarify:

the defendants had to cease operation of the phone number

the phone number and websites can be sold, provided the seller is informed of the injunction and receive written notification that the assets will be operated lawfully

Blake, Graham and Total Nutrition are still able to sell excess Youngevity stock they possess (not through the phone number or websites though)

the injunction does not apply to Engevity

Engevity appears to be a Youngevity related company. Why it was brought up I’m not 100% clear on.

If I had to guess, perhaps Blake and Graham thought they could “sell” the assets to Engevity and continue to market Youngevity products through them.

The court stated this wasn’t a problem, provided Blake, Graham and/or Total Nutrition ‘
do not use any control they may have over Engevity to operate the assets
‘.

The original December 1st order granting Youngevity’s injunction motion also addressed Wakaya Perfection’s motion to dismiss.

Count 1 of Youngevity’s complaint rel

🤖 Quick Answer

What legal action did Youngevity take against Wakaya Perfection in 2024?
Youngevity filed a lawsuit against Wakaya Perfection, co-founder Todd Smith, and other defendants, alleging they dismantled the company from within. In May, Youngevity sought an injunction to prevent defendants from using Youngevity properties to market and profit from product sales, particularly through Total Nutrition websites ranking for Youngevity-related search queries.

Why was Youngevity's initial injunction request denied?
The court denied Youngevity's initial injunction request in June due to pleading deficiencies in the complaint. Subsequently, Youngevity filed an amended complaint in July, resubmitting the preliminary injunction request with corrected legal documentation and additional substantive claims.

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