Stillwell

Stillwell v. RADIOSHACK CORP.

Good Law
676 F. Supp. 2d 962·2009 WL 3697995·2009 U.S. Dist. LEXIS 102013
United States District Court, Southern District of CaliforniaNovember 2, 2009Case 07 CV 607 JM (CAB)California7,408 words

Opinion

Opinion

Miller, J.

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

Defendant RadioShack Corporation (“RadioShack”) is a national electronics retailer. Plaintiffs Robert Stillwell (“Still-well”), Futurelink Corp. (“Futurelink”), SDP Electronics, Inc. (“SDP”), and Electronic Marketing Corp. (“EMC”) operate or operated RadioShack franchise stores. Plaintiffs assert nine claims for relief against RadioShack: (1) breach of contract regarding the Area of Primary Responsibility provision of the parties’ franchise agreement; (2) breach of contract regarding the Temporary Franchise Cost provision of the franchise agreement; (3) breach of contract regarding the Minimum Purchase Requirement provision of the franchise agreement; (4) breach of contract regarding the express covenant of good faith and fair dealing in the franchise agreement; (5) intentional interference with past and prospective economic relations; (6) negligent interference with past and prospective economic relations; (7) violation of the Lanham Act; (8) common law unfair competition based on interference with past and prospective economic relations; and (9) common law unfair competition based on violation of…

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