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COUHIG'S PESTAWAY COMPANY, INC. v. PESTAWAY, INC.

No. 4179.

278 So.2d 519 (1973)

COUHIG'S PESTAWAY COMPANY, INCORPORATED, Plaintiff-Appellant, v. PESTAWAY, INC., Defendant-Appellee.

Court of Appeal of Louisiana, Third Circuit.

May 30, 1973.

Attorney(s) appearing for the Case

Adams & Reese by Sam A. LeBlanc, III, New Orleans, and Bean & Rush by Warren D. Rush, Lafayette, for plaintiff-appellant.

Piccione & Piccione by Peter C. Piccione, and Kaliste Saloom, Jr., Lafayette, for defendant-appellee.

Before HOOD, CULPEPPER and MILLER, JJ.

HOOD, Judge.

Plaintiff, Couhig's Pestaway Company, Incorporated, seeks a judgment enjoining defendant, Pestaway, Inc., from using the word "Pestaway" in its corporate name. Following a hearing on a rule, the trial court rendered judgment rejecting plaintiff's demand for a preliminary injunction, and plaintiff has appealed.

The issue presented is whether the corporate name adopted by defendant is the same as, or is deceptively similar to, the corporate name...

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