SMART SHOP v. COLBERT'S

No. 4814.

250 S.W.2d 431 (1951)

SMART SHOP v. COLBERT'S.

Court of Civil Appeals of Texas, El Paso.

Rehearing Denied November 28, 1951.


Attorney(s) appearing for the Case

Maurice Epstein, Houston, Ralph R. Wood, Corpus Christi, for appellant.

Emil Corenbleth, Dallas, Pichinson, Davis & Hale, Corpus Christi, for appellee.


SUTTON, Justice.

This appeal is from the 117th District Court of Nueces County. The suit is one to restrain an infringement of a trade name and unfair competition.

Smart Shop, a Texas corporation, with its domicile and places of business in Houston, and doing business under the trade name "The Smart Shop", sued Colbert's, likewise incorporated under the laws of Texas, and doing business in Corpus Christi under the trade name "The Smart Shop", to restrain the...

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