Maison Realty, Inc. v. Meredith Corp.

MOE, LEROY H., Associate Judge,

dissenting.

This is a commercial litigation case in which the Plaintiff, B/K Properties, a real estate agency, sued Better Homes and Gardens, its franchisor, for breach of the franchise agreement. The breach involved a provision giving B/K Properties the exclusive right to expand its franchise operation into the south Palm Beach County area. Better Homes and Gardens counterclaimed for trademark infringement, claiming that B/K Properties continued to use the Better Homes and Gardens’ logo after its franchise rights expired.

The case proceeded to trial and the jury…