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A. W. COX DEPT. STORE CO. v. COX'S INC.

No. 13459.

221 S.E.2d 539 (1976)

A. W. COX DEPARTMENT STORE CO. v. COX'S INCORPORATED, a corporation, and Par-Progress, Inc., a corporation.

Supreme Court of Appeals of West Virginia.

January 13, 1976.

Attorney(s) appearing for the Case

Earley, Bailey & Pfalzgraf, John S. Bailey, Jr., Parkersburg, for appellants.

Spilman, Thomas, Battle & Klostermeyer, R. Page Henley, Jr., Charleston, McDougle, Davis, Handlan & Davis, Fred L. Davis, Jr., Parkersburg, for appellee.

FLOWERS, Justice:

This is a dispute between two retail businesses over the right to use the trade name "Cox's" in the same market area. A. W. Cox Department Store Co., which operates a retail store in downtown Parkersburg, instituted a civil action against Cox's Incorporated which was opening a store in the new shopping mall at Vienna, also in Wood County. The litigation is based upon the allegedly unlawful infringement by the defendant upon the plaintiff's trade...

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