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RAIZK v. SOUTHLAND CORP.

No. 2 CA-CIV 2856.

121 Ariz. 497 (1978)

591 P.2d 985

George A. RAIZK, Sr., and Alice E. Raizk, husband and wife, dba Hogie House, Appellants, v. The SOUTHLAND CORPORATION, a Texas Corporation, dba 7-Eleven Food Stores, Appellee.

Court of Appeals of Arizona, Division 2.

Rehearing Denied February 14, 1979.

Review Denied March 13, 1979.

Attorney(s) appearing for the Case

Rabinovitz, Dix & Sands, P.C. by Bernard I. Rabinovitz, Tucson, for appellants.

Molloy, Jones, Donahue, Trachta & Childers, P.C. by Michael J. Meehan, Tucson, and Cushman, Darby & Cushman by James L. Dooley, Washington, D.C., for appellee.

OPINION

RICHMOND, Chief Judge.

Appellants, owners since 1961 of a business in Tucson known as Hogie House, use the name "Hogie" for sandwiches which they market. "Hogie House" was registered with the Secretary of State of Arizona as a tradename by the previous owner of the business in 1960, and "Hogie Sandwich" as a trademark by appellants in 1962. In 1975 appellants filed this lawsuit, alleging that sometime during 1970 or 1971, appellee's 7-Eleven stores...

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