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GIVENS JEWELERS, INC. v. GIVENS

No. 14007.

380 So.2d 1227 (1980)

GIVENS JEWELERS, INC., Plaintiff-Appellant, v. Douglas J. GIVENS, Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied February 29, 1980.

Attorney(s) appearing for the Case

Donald R. Miller, Shreveport, for plaintiff-appellant.

James B. Wells & Associates by A. R. Snell, Bossier City, for defendant-appellant.

Before PRICE, MARVIN and JONES, JJ.

En Banc. Rehearing Denied February 29, 1980.

MARVIN, Judge.

This controversy between two brothers, who were in the jewelry business together until 1978, arises over the use of the trade name and the trademark here reproduced:

The lower court rejected plaintiff's demand to enjoin Douglas J. Givens from using the trade name but granted plaintiff's demand to enjoin Douglas J. Givens from using the distinctive mark, which was registered...

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