The trial court determined, and the evidence in this case demonstrates, that when plaintiffs, as sellers, conveyed the stock of Tuesday's Restauranteurs, Inc., to Never on Tuesday, Inc., as buyer, they transferred without restriction all of the corporate assets, including its trade name. The sellers' failure to obtain at closing a restrictive covenant with regard to the name "Tuesday's" constituted a waiver of their right to object to defendant's use of that trade name. The...
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