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CENTURY 21 REAL ESTATE v. MERAJ INTERN. INV. CORP.

No. 01-1330.

315 F.3d 1271 (2003)

CENTURY 21 REAL ESTATE CORPORATION, Plaintiff-Counter-Defendant-Appellant, v. MERAJ INTERNATIONAL INVESTMENT CORP d/b/a Realty Professionals of America, and Armond Azharian, Counterclaim-Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

January 8, 2003.

Attorney(s) appearing for the Case

John F. Dienelt, Washington, DC (Sean R. Gallagher and Madeline S. Cohen of Hogan & Hartson L.L.P., Denver, CO, with him on the briefs), for Plaintiff-Counter-Defendant-Appellant.

Thomas P. Johnson, of Davis, Graham & Stubbs LLP, Denver, CO (Kenzo S. Kawanabe of Davis, Graham & Stubbs, LLP, Denver, CO, and M. Kathleen Turano, Arvada, CO, with him on the brief), for Counterclaim-Defendants-Appellees.

Before KELLY, McKAY, and HARTZ, Circuit Judges.

HARTZ, Circuit Judge.

Meraj International Investment Corporation ("Meraj"), doing business as Realty Professionals of America, operated two real estate offices under franchise agreements with Century 21 Real Estate Corporation. After a dispute arose regarding the amount of franchise fees owed and the continued use of the Century 21 name by one of the real estate offices, Century 21 sued Meraj for breach of contract and trademark infringement. Meraj counterclaimed...

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