Mariniello v. Shell Oil Co‪.‬

Opinion OF THE COURT ADAMS, Circuit Judge. The issue for resolution is whether the decision of the New Jersey Supreme Court in Shell Oil Co. v. Marinello,1 which the plaintiff seeks to apply here, is violative of the United States Constitution. The district court determined that the New Jersey decision, which protected franchisees from termination without cause, subverted the purposes of the federal Lanham Act, and held that under the Supremacy Clause the state decision could not survive.2 We conclude that the Supremacy Clause was not violated, and remand.