Mobile Attic, Inc. v. Kiddin' Around of Alabama, Inc.

THOMAS, Judge.

In early 2005, Mobile Attic, Inc., and Mobile Attic Franchising, Inc. (referred to collectively as “MA”), which rent portable storage facilities, were considering what direction to take their advertising. Specifically, MA desired to have professional television commercials produced to offer to franchisees as a method of assisting the franchisees in developing and furthering MA’s business. To that end, MA began discussions with an advertising agency, TotalCom, Inc. (“TC”). Most of the discussions regarding the commercials were between Betsy Harris, the marketing director for MA,,…