1/25/2024 0 Comments Alo moves cody incCompl.”) ¶ 13.įalsetti states she believes that Cody’s sale of its assets to ALO harmed her reputationīecause her students and followers began expressing concern and disappointment at whatĪppeared to be her new affiliation with ALO. In the Washington action, Cody alleges that its representative advised FalsettiĪbout its acquisition by “another entity” on or about September 27, 2017, and that FalsettiĪgreed to maintain the confidentiality of this information consistent with her obligations Cody exists as a separate legal entity, as does ALO.” Id. DeGeorge states that “Cody is still run as a separate, That ALO acquired Cody through a reverse triangular merger governed by Delaware law:ĪLO formed a wholly-owned subsidiary, UpDog Sub, Inc., which then merged withĬody, leaving Cody as the surviving entity and now wholly-owned subsidiary of ALO. ALO submitted a copy of the relevant Merger Agreement, which indicates 18, Declaration of Marco DeGeorge (“DeGeorgeĭecl.”) ¶ 4. ALO’s co-founder and copresident, Marco DeGeorge (“DeGeorge”), states that on August 28, 2017, ALO States she believes that ALO sells fitness apparel to smaller-bodied persons, which is Healthy and fit lifestyles commonly associated with California.” Compl. The complaint alleges that ALO’s products “reflect its focus on yoga and § 5.ĪLO is a distributor and retailer of yoga apparel based in the City of Commerce,Ĭalifornia. That “xclusive jurisdiction of all disputes hereunder will lie in the state and federalĬourts sitting in King County, Washington.” Id. ![]() The License Agreement also contains a choice-of-law clause providing that it is governedīy the law of the state of Washington in addition to a forum-selection clause providing Provision by which Falsetti agreed to not to disclose Cody’s or its affiliate entities’īusiness plans and related information without Cody’s prior written consent. The License Agreement contains a confidentiality Cody agreed not to use these materials in a manner intended to Use Falsetti’s name, likeness, exercise routines and related materials for its online videos. “agents, subsidiaries, affiliates, licensees, successors, and assigns” the right to record and Pursuant to the terms of the License Agreement, Falsetti granted to Cody and its Image is compatible with her brand image representing larger-bodied yogis. With Cody, a company based in Seattle, Washington that produces online health andįitness training videos. On August 1, 2016, FalsettiĮntered into a Talent and License and Release Agreement (the “License Agreement”) 14, Declaration of Dana Falsetti (“Falsetti Decl.”) ¶ 8. Teacher and advocate for the health and wellness of large-bodied persons. ![]() To transfer this action, after reviewing ALO’s submission, the Court concludes thatįalsetti, a resident of Philadelphia, Pennsylvania, is an internationally known yoga ![]() Although the tentative indicated the Court’s intention Held a hearing on March 5, 2018, and directed ALO to file a supplemental submission on On February 20, 2018, Falsetti filed a reply. On February 12, 2018, ALO filed an opposition. Pending in the Western District of Washington. With a related case brought by ALO’s affiliate, Cody, Inc. Falsetti seeks to transfer and consolidate this action On January 18, 2018, Falsetti filed the instant motion to transfer pursuant to 28 On January 9, 2018, Falsetti removed the action to this Court on the basis ofĭiversity jurisdiction, 28 U.S.C. The gravamen of the complaint is that Falsetti, a yoga teacher, defamed ALO on social On December 8, 2017, plaintiff ALO, LLC (“ALO”), a yoga apparel company,įiled this action for defamation and trade libel against defendant Dana Falsetti (“Falsetti”)Īnd Does 1–10, inclusive, in Los Angeles County Superior Court. (IN CHAMBERS) - DEFENDANT’S MOTION TO TRANSFER
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