United States First Circuit

In Shell's suit against a former franchisee under the Petroleum Practices Marketing Act, district court's grant of Shell's motion for permanent injunction is affirmed in part, vacated in part and remanded where: 1) district court's grant of a permanent injunction ordering an defendant to cease any use of Shell trademarks, trade dress, or color patterns, and to comply with the post-termination provisions of its franchise agreements with Shell are affirmed; 2) the portion of the injunction ordering and compelling defendant to allow Shell to continue in possession of the service station until the expiration of the lease in 2014 is vacated as Shell made no showing of irreparable harm that might justify an order giving it possession of the property for the full term of the lease; and 3) Shell's motion for summary judgment on defendant's antitrust counterclaims was properly granted.

Appellate Information

• Decided 05/06/2010
• Published 05/06/2010

Judges

• LYNCH, Chief Judge., Before LYNCH, Chief Judge, SELYA and LIPEZ, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Yvonne M. Menéndez-Calero, for appellant.


• For Appellees:
  
• Raul M. Arias-Marxuach with whom Nannette Berríos Haddock, Frank LaFontaine, and McConnell Valdes LLC were on brief, for appellee.