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ROYAL INTERN. OPTICAL v. TEXAS STATE OPTICAL

No. 3112.

586 P.2d 318 (1978)

92 N.M. 237

ROYAL INTERNATIONAL OPTICAL COMPANY, d/b/a Texas Optical, a Texas Corporation, Plaintiff-Appellee, v. TEXAS STATE OPTICAL COMPANY, a Texas Corporation, and Dr. N.J. Rogers, Individually and as a partner of Texas State Optical Company, a/k/a TSO, Defendants-Appellants.

Court of Appeals of New Mexico.

Rehearing Denied September 22, 1978.

Writ of Certiorari Denied October 26, 1978.

Attorney(s) appearing for the Case

William E. Snead, Ortega & Snead, Albuquerque, Sumner G. Buell, Jasper & Buell, Santa Fe, Robert Q. Keith, Mehaffy, Weber, Keith & Gonsoulin, Beaumont, Tex., for defendants-appellants.

E. Douglas Latimer, E. Douglas Latimer, P.A., Charles C. Spann, Charles C. Spann, P.A., Albuquerque, for plaintiff-appellee.

OPINION

SUTIN, Judge.

This is the second appeal of the defendants. The first appeal arose from a judgment that restrained defendants from using the trade name "Texas State Optical" or any other name deceptively similar to plaintiff's trade name "Texas Optical." This judgment was affirmed by the Supreme Court in Royal Intern'l Optical Co. v. Texas State Optical Co., 90 N.M. 21, 559 P.2d 398...

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