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DAHMS v. JACOBS

No. 41676.

272 N.W.2d 43 (1978)

201 Neb. 745

Robert DAHMS, d/b/a "The Depot", Appellant, v. Evelyn JACOBS and Suzanne Mahoney, d/b/a "The Denim Depot", Appellees.

Supreme Court of Nebraska.

November 29, 1978.

Attorney(s) appearing for the Case

Blevens, Blevens & Jacobs, Seward, for appellant.

Conner & Schelstraete, P. C., Crete, for appellees.

Heard before SPENCER, C. J., Pro Tem., BOSLAUGH, McCOWN, CLINTON, BRODKEY, and WHITE, JJ., and KUNS, Retired District Judge.

C. THOMAS WHITE, Justice.

The plaintiff appeals from an order of the District Court refusing to enjoin the defendants from using the name "The Denim Depot" in connection with their clothing store in Crete, Nebraska. He alleges that the District Court erred in failing to find that this was an infringement upon the trade name "The Depot" which he had appropriated by registration and prior use in connection with his clothing...

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