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CANO v. MACARENA

No. 1599.

606 S.W.2d 718 (1980)

Jesus CANO, Appellant, v. Marcos MACARENA, Appellee.

Court of Civil Appeals of Texas, Corpus Christi.

September 25, 1980.

Attorney(s) appearing for the Case

Rodolfo R. Munoz, Kingsville, for appellant.

Leo Villarreal, Kingsville, for appellee.

OPINION

NYE, Chief Justice.

This is an appeal from a suit brought to determine ownership of the trademark, "La Tapatia," and its accompanying design, on certain corn tortilla products. Marcos Macarena sued Jesus Cano for damages and a permanent injunction prohibiting Cano's future use of such trademark. Cano answered, alleging that he had a superior common law ownership right to the trademark that he acquired by his own "prior, sole and exclusive use in...

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