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S & S INVESTMENTS v. HOOPER ENTERPRISES

No. 13352.

862 P.2d 1252 (1993)

116 N.M.App. 393

S & S INVESTMENTS, INC., Plaintiff-Appellee/Cross-Appellant, v. HOOPER ENTERPRISES, LTD., Defendant-Appellant/Cross-Appellee.

Court of Appeals of New Mexico.

September 15, 1993.

Attorney(s) appearing for the Case

Darrell N. Brantley, Alamogordo, for plaintiff-appellee/cross-appellant.

Lloyd O. Bates, Jr., Lloyd O. Bates, Jr. Law Firm, Las Cruces, for defendant-appellant/cross-appellee.

OPINION

MINZNER, Chief Judge.

This is a trade name infringement case requiring interpretation of New Mexico's Trademark Act, NMSA 1978, Sections 57-3-1 to -12 (Repl.Pamp. 1987 & Cum.Supp. 1992). Defendant appeals from a judgment precluding it from using the name "Showtime" for its video rental store in Alamogordo. Plaintiff cross-appeals the trial court's refusal to award damages for Defendant's use of that name prior to, and pending the outcome...

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