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JOHN R. THOMPSON CO. v. HOLLOWAY

No. 21710.

366 F.2d 108 (1966)

JOHN R. THOMPSON CO., doing business as and through its wholly owned subsidiaries Holloway House, Inc., et al., Appellants, v. Mrs. Lee HOLLOWAY, Sr., et al., Appellees.

United States Court of Appeals Fifth Circuit.

Rehearing Denied October 7, 1966.

Attorney(s) appearing for the Case

Jerome Gilson, Chicago, Ill., Richard G. Williams, Fort Worth, Tex., Dean A. Olds, Hume, Groen, Clement & Hume, Chicago, Ill., for appellants, Thompson, Walker, Smith & Shannon, Fort Worth, Tex., of counsel.

Howard E. Moore, Dallas, Tex., Toy A. Crocker, Crocker & McDonald, Fort Worth, Tex., for appellees.

Before RIVES, BROWN and MOORE, Circuit Judges.

RIVES, Circuit Judge:

The plaintiff-appellant (hereinafter plaintiff)1 sought an injunction against the defendants-appellees (hereafter defendants) because of service mark and trademark infringement and unfair competition. After a full trial the district court entered judgment for the defendants and dismissed the plaintiff's complaint with prejudice. Still further the district court, upon a holding that this suit was brought without probable...

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