Evans Group, Inc. v. Robert Foti and Foti Fuels, Inc.

Robinson, J.,

¶ 20. dissenting. The majority concludes that Foti Fuels, Inc. was not a “franchisee” protected by the Petroleum Marketing Practices Act (PMPA or Act) because it lacked authority to use or authorize use of the Citgo trademark. Because I conclude that the only possible conclusion on this record is that Foti was Evans’ franchisee under their distribution agreement and was authorized, in turn, to permit Quick Stop’s use of the Citgo brand, I respectfully dissent.

¶ 21. No one argues that Quick Stop was not a franchisee; it was selling Citgo brand fuel under a Citgo sign, and was…