INKA'S S'COOLWEAR, INC. v. SCHOOL TIME, L.L.C.

No. 97-CA-2271.

725 So.2d 496 (1998)

INKA'S S'COOLWEAR, INC. d/b/a S'Coolwear v. SCHOOL TIME, L.L.C. d/b/a School.

Court of Appeal of Louisiana, First Circuit.

November 6, 1998.


Attorney(s) appearing for the Case

MacAllyn J. Achee, Baton Rouge, for Plaintiff-Appellant Inka's S'Coolwear, Inc. d/b/a S'Coolwear.

Peter J. Losavio, Jr., Ann T. Franques, B. Wesley Pitts, Baton Rouge, for Defendant-Appellee School Time L.L.C. d/b/a School Ware.

Before: FITZSIMMONS and GUIDRY, JJ., and CHIASSON, J. Pro Tem.


GUIDRY, J.

Plaintiff, Inka's S'Coolwear, Inc. d/b/a "S'COOLWEAR," appeals from the trial court's judgment of dismissal failing to enjoin the defendant's, School Time, L.L.C., d/b/a "SCHOOL WARE" use of its trade name, "SCHOOL WARE." The trial court held: 1) plaintiff did not have a proprietary interest in the name "S'COOLWEAR," thereby establishing trade name infringement, 2) defendant's actions did not constitute tortious...

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