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BANK OF TEXAS v. COMMERCE SOUTHWEST, INC.

No. 83-1388.

741 F.2d 785 (1984)

BANK OF TEXAS, Plaintiff-Appellant, v. COMMERCE SOUTHWEST, INC. et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 17, 1984.

Attorney(s) appearing for the Case

Locke, Purnell, Boren, Laney & Neely, John McElhaney, William B. Steele, III, Dallas, Tex., for plaintiff-appellant.

Akin, Gump, Strauss, Hauer & Feld, John L. Hauer, L. Kim Jamison, Kenneth R. Glaser, Dallas, Tex., Tony G. Powers, Miami, Fla., for defendants-appellees.

Before RANDALL, TATE and WILLIAMS, Circuit Judges.

JERRE S. WILLIAMS, Circuit Judge:

Plaintiff, Bank of Texas, obtained a favorable jury verdict in an action against Commerce Southwest, Inc. and its subsidiary banks in Dallas County for service mark infringement and unfair competition. The district court, however, granted judgment notwithstanding the verdict in favor of Commerce Southwest, Inc. on the ground that the jury verdict finding a secondary meaning in the name "Bank of Texas" was against the clear weight...

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