Akshayraj, Inc. v. Getty Petroleum Marketing, Inc., 2007 U.S. Dist. LEXIS 93796 (D.N.J. 12-20-07)

A franchisor’s conversion of dealers’ outlets from Mobil to Lukoil does not constitute a constructive termination of the dealers’ franchises. The PMPA does not prohibit a franchisor from changing the brand of gasoline it supplies to franchisees, and Lukoil is a proper franchise brand under the PMPA. Further, dealers claims of improper termination under the New Jersey Franchise Practices Act and under Pennsylvania common law were preempted by the PMPA. Summary judgment was entered for franchisor.