In this timely filed appeal, appellant challenges the entry of summary judgment for plaintiff-appellee, wherein appellant was enjoined from engaging in the While-U-Wait printing business in downtown Santa Ana for a three year period. The sole basis of federal jurisdiction is 15 U.S.C. § 1121 , which grants the federal courts original jurisdiction over actions arising under the Lanham Trade-Mark Act, 15 U.S.C. § 1051 et seq. Postal Instant Press is apparently a registered trade name and its logo is similarly protected.

Appellant’s Postal Instant Press (PIP) franchise was terminated by PIP due to appellant’s alleged refusal to pay monthly royalties and file financial statements as required by the franchise agreement. Upon termination, PIP filed the instant action seeking to enforce the following clause contained in the franchise agreement by way of an injunction:

Although appellant admitted the post termination covenant not to compete was reasonable as to length of time and territorial extent and was supported by consideration, he argued it was invalid pursuant to Cal. Bus. & Prof.Code § 16600 (West).

It is clear that this action fundamentally asserts contract claims and only incidentally involves the Lanham Trade-Mark Act. As stated by the Second Circuit in the patent and copyright area:

T.B. Harms Co. v. Eliscu, 339 F.2d 823, 826 (2nd Cir.1964), cert, denied, 381 U.S. 915 , 85 S.Ct. 1534 , 14 L.Ed.2d 435 (1965).

Just as the mere existence of a patent or copyright does not confer federal jurisdiction over what is essentially a contract dispute, the mere existence of the protected trade name and attendant symbol herein does not provide a basis for federal jurisdiction.

The judgment of the district court is REVERSED and REMANDED with direction to dismiss the action for want of federal jurisdiction.

. Cal.Bus. & Prof.Code § 16600 (West) provides, "Except as provided in this chapter, every contract by which anyone is restrained from engaging in a lawful profession, trade, or business of any kind is to that extent void.”