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HOT-HED, INC. v. SAFEHOUSE HABITATS

No. 01-09-00547-CV.

333 S.W.3d 719 (2010)

HOT-HED, INC. and Cinaruco International, S.A., Appellants, v. SAFEHOUSE HABITATS (SCOTLAND), LTD., Appellee.

Court of Appeals of Texas, Houston (1st Dist.).

Rehearing and Rehearing En Banc Overruled January 24, 2011.

Attorney(s) appearing for the Case

Bruce R. Coulombe , Frank Z. Lin , Guy E. Matthews , Matthews, Lawson & Bowick, PLLC, Justin McKenzie Waggoner , Smyser, Kaplan & Veselka, L.L.P., Houston, TX, for Appellants.

Bruce E. Ramage , Dale Jefferson , Douglas H. Elliott , Levon G. Hovnatanian , Martin, Disiere, Jefferson & Wisdom, L.L.P., William Bruce Patterson , Houston, TX, for Appellee.

Panel consists of Justices KEYES, HIGLEY, and BLAND.

OPINION

EVELYN V. KEYES, Justice.

Appellants, Hot-Hed, Inc. and Cinaruco International, S.A. (collectively, "Hot-Hed"), appeal the trial court's grant of declaratory judgment against them in their suit for trademark infringement against appellee, Safehouse Habitats (Scotland), Ltd. ("Safehouse"). In four issues, Hot-Hed argues that the trial court erred in (1) entering declaratory judgment that the "Habitat" mark is not eligible for protection as a trademark...

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