CAROUSEL MOTOR HOTEL, INC. v. PEACOCK

No. 11202.

388 So.2d 482 (1980)

CAROUSEL MOTOR HOTEL, INC. d/b/a San Antonio Inn v. Ray PEACOCK.

Court of Appeal of Louisiana, Fourth Circuit.

August 25, 1980.


Attorney(s) appearing for the Case

William E. Wright, Jr., Baldwin & Haspel, New Orleans, for plaintiff.

Benjamin B. Saunders, Davis, Saunders, Miller & Rizzo, Metairie, for defendant.

Before REDMANN, SCHOTT and SARTAIN, JJ.


REDMANN, Judge.

Plaintiff, the operator of a motel called San Antonio Inn on the Airline highway in Jefferson Parish, appeals from a judgment refusing injunction against defendant's using a sign on his motel. Plaintiff argues that the shape of the sign is its own service mark. We hold that the use of this sign's commonplace shape could not "cause confusion or mistake or ... deceive as to the ... origin of [defendant's] services," La.R.S. 51:222(1). We therefore affirm...

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