Attorneys at Winget Spadafora & Schwartzberg LLP Say Insurance Marketing Organization Obtains Temporary Restraining Order and Preliminary Injunction Against Former Insurance Agent for Misusing Confidential, Proprietary and Copyright Protected Sales Materials

The Revolution FMO, LLC (The Revolution), an insurance marketing organization, obtained in Federal Court a Temporary Restraining Order on April 16, 2015 and a Preliminary Injunction on May 19, 2015 against a former insurance agent (Agent) barring him from using the agency’s confidential, copyrighted and proprietary insurance sales materials post-termination of his affiliation with The Revolution. (The Revolution FMO, LLC a.k.a. The Revolution MO, LLC v. Ronald Grant et al., Case No. 2:15-cv-02719.)

On April 13, 2015, the law firm of Winget Spadafora & Schwartzberg LLP(WSS) and co-counsel, Ruthann Granito Niosi, P.C., filed a Complaint in the United States District Court for the Central District of California on behalf of The Revolution against the former Agent seeking damages and injunctive relief for alleged copyright infringement, breach of contract, indemnification and unfair competition.

The former Agent entered into confidentiality and non-disclosure agreements with The Revolution and acknowledged his use of The Revolution’s proprietary and copyright protected materials to be restricted only to his association with The Revolution. The complaint alleged the former Agent continued to use The Revolution’s materials, without its consent, after his disassociation with The Revolution to further his own competing business enterprise.

The Court’s order granting the Preliminary Injunction bars the former Agent from using, analyzing or otherwise disseminating The Revolution’s proprietary materials including, but not limited to, The Revolution’s “5 Step Sales System” seminar, its “Understanding Different Retirement Strategies” and its “Understanding Different Types of Annuities” seminar materials in any forum, including on his website, at seminars and through his weekly radio show. The former Agent is also barred from using or disclosing to others The Revolution’s materials that describe its proprietary practices that it uses to teach its agents about non-product specific sales and marketing techniques.

The Federal Court Judge’s order stated that the former Agent’s continued use of The Revolution’s materials unjustly enriched him at The Revolution’s expense. The Order also stated that through the former Agent’s use and dissemination of The Revolution’s trade secrets, the former Agent acquired and continues to acquire clients and referrals that could have gone to The Revolution. The Order notes that The Revolution likely cannot be made whole solely by a monetary award.

The Preliminary Injunction remains in place indefinitely.

The Revolution is represented by Los Angeles attorneys Brandon S. Reif, Gabriel Z. Reynoso, and Valerie N. Gallo, of Winget Spadafora & Schwartzberg LLP, and New York City attorney Ruthann Granito Niosi, of Ruthann Granito Niosi, P.C.

Winget Spadafora & Schwartzberg LLP is a nationwide law firm with offices in California, New York, New Jersey, Connecticut, Florida and Texas with an expertise in trial law and litigation for business and corporate disputes, securities, insurance, financial services, employment and real estate law. (www.wssllp.com)

The Revolution FMO, LLC is a marketing organization engaged in the business of facilitating and developing support systems for the sale of insurance products. (https://revolutionmo.com)

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