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MEN OF MEASURE CLOTHING v. MEN OF MEASURE

710 S.W.2d 43 (1985)

MEN OF MEASURE CLOTHING, INC., Plaintiff-Counter-Defendant-Appellee, v. MEN OF MEASURE, INC., Defendant-Counter-Plaintiff-Appellee.

Court of Appeals of Tennessee, Eastern Section.

Petition to Rehear January 28, 1986.

Application for Permission to Appeal Denied April 21, 1986.

Attorney(s) appearing for the Case

Robert E. Pitts, Pitts & Brittian, Knoxville, for plaintiff-counter-defendant-appellant.

Andrew S. Neely, Luedeka & Neely, P.C., Knoxville, for defendant-counter-plaintiff-appellee.

Application for Permission to Appeal Denied by Supreme Court April 21, 1986.

OPINION

FRANKS, Judge.

In this declaratory action the chancellor permanently enjoined plaintiff from "any and all use of the name or mark `Men of Measure'". Plaintiff has appealed.

We adopt undisputed, pertinent findings of fact from the chancellor's opinion:

Both corporations use the name Men of Measure in their...

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