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BELL v. DAVIDSON

No. 50155.

597 P.2d 753 (1979)

Joseph N. BELL, a sole proprietor, d/b/a Black Gold Antiques, Appellee, v. Robert DAVIDSON, a sole proprietor, d/b/a Black Gold Gifts, Inc. and, Bonnie Davidson, a sole proprietor, d/b/a Black Gifts, Inc. and, Bonnie Davidson and Robert Davidson d/b/a Black Gold Gifts, Inc. and Black Gold Gifts, Inc., an Oklahoma Corporation, Appellants.

Supreme Court of Oklahoma.

May 8, 1979.

Attorney(s) appearing for the Case

William R. Laney, Laney, Dougherty & Hessin, Oklahoma City, for appellee.

Cox & Ramsey, Oklahoma City, for appellants.

DOOLIN, Justice:

In February of 1973, plaintiff, owner of Oklahoma registered trademark BLACKGOLD, opened a business in Oklahoma City under the name BLACK GOLD ANTIQUES. About a year later defendants commenced doing business in Oklahoma City under the name BLACK GOLD GIFTS, INC. Both businesses display a symbol of a gushing oil well and derrick.1

Thereafter plaintiff filed the present...

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