STORM v. CANYON AMUSEMENT CORPORATION

No. 9584.

79 N.W.2d 698 (1956)

Loui STORM, d/b/a Crystal Cave, Plaintiff and Respondent, v. CANYON AMUSEMENT CORPORATION and Rudolph C. Stoll, Defendants and Appellants.

Supreme Court of South Dakota.

December 10, 1956.


Attorney(s) appearing for the Case

Roswell Bottum, Rapid City, for appellants.

E. G. Brown, Sturgis, for respondent.


HANSON, Judge.

This is an action to enjoin the alleged infringement of a registered trade-mark. The trial court entered judgment prohibiting the defendants from using the name "Crystal Cave" and from doing business under that name. The defendants appeal.

Both parties to the action own natural caves in the Black Hills of South Dakota. The caves are open to the public and are operated as public attractions. Both caves contain natural crystal formations.

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