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MOBILE ATTIC v. KIDDIN' AROUND OF ALABAMA

2090735.

72 So.3d 37 (2011)

MOBILE ATTIC, INC., and Mobile Attic Franchising, Inc. v. KIDDIN' AROUND OF ALABAMA, INC., d/b/a Real People, et al.

Court of Civil Appeals of Alabama.

April 29, 2011.

Attorney(s) appearing for the Case

Michael L. Douglas of Friedman, Leak, Dazzio, Zulanas & Bowling, P.C., Birmingham, for appellant.

A. Courtney Crowder and Robert G. Upchurch of Phelps, Jenkins, Gibson & Fowler, L.L.P., Tuscaloosa, for appellee TotalCom, Inc.; Robert D. Norman, Jr., Birmingham, for appellees Kiddin' Around of Alabama, Inc., People Store, Inc., and Houghton Talent, Inc.

THOMAS, Judge.

In early 2005, Mobile Attic, Inc., and Mobile Attic Franchising, Inc. (referred to collectively as "MA"), which rent portable storage facilities, were considering what direction to take their advertising. Specifically, MA desired to have professional television commercials produced to offer to franchisees as a method of assisting the franchisees in developing and furthering MA's business. To that end, MA began discussions with an advertising agency...

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