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CHARCOAL STEAK HOUSE OF CHARLOTTE, INC. v. STALEY

No. 262.

139 S.E.2d 185 (1964)

263 N.C. 199

CHARCOAL STEAK HOUSE OF CHARLOTTE, INC. v. Lawrence STALEY.

Supreme Court of North Carolina.

December 16, 1964.

Attorney(s) appearing for the Case

Plumides & Plumides and Richard L. Kennedy, Charlotte, for plaintiff.

Fleming, Robinson & Bradshaw, Charlotte, for defendant.

SHARP, Justice.

This appeal presents only one question: Taking all the evidence as true, does it entitle plaintiff to an injunction restraining defendant from using the words charcoal steak house in his business name?

We are concerned here with a trade name. "Whether the name of a (business) * * * is to be regarded as a trade-mark, a trade-name, or both, is not entirely clear under the decisions. To some...

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