Marathon Petroleum Co. v. LoBosco

MEMORANDUM OPINION AND ORDER.

ROVNER, District Judge.

This case is before the Court on a motion by the plaintiff, Marathon Petroleum Company (“Marathon”), for summary judgment on the counterclaim. On June 4, 1980, Marathon and the defendant, Sam S. LoBosco (“LoBosco”), executed a written lease for a service station located in Elk Grove Village, Illinois, Pursuant to the lease, LoBosco became a distributor of Marathon products in the Elk Grove area. Under the lease terms, LoBosco agreed not to contaminate, misbrand or otherwise impair products with Marathon’s trademark.

In the counterclaim,…