Santiago-Sepulveda [II] v. Esso Standard Oil Company (Puerto Rico), Inc., 634 F. Supp. 2d 194 (6-18-09)

Esso terminated its supply to franchisees in Puerto Rico (plaintiffs), and nearly all signed supply agreements with Total Petroleum, which purchased gasoline from the same refinery as did Esso, but supplied the product to plaintiffs under the Total, rather than the Esso brand. Relying upon the definition of a "franchise" under 15 U.S.C. § 2801, Plaintiffs sought a preliminary injunction to require Total to supply it with Esso-branded product. The court denied plaintiffs' request on the grounds that: 1) preliminary injunctions are available only in response to PMPA Sections 2802, 2803 and 2807 (and not Sec. 2801); and 2) while the definition of a "franchise" includes the distribution of fuel under a trademark, the failure of a supplier to offer trademarked product would not compel an injunction, it would simply render the PMPA inapplicable.