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McCAIN v. DESIGNER SHOES WAREHOUSE, LLC

No. 03-CA-1022.

864 So.2d 784 (2003)

Gina Chivleatto McCAIN d/b/a "Shoetique" v. DESIGNER SHOES WAREHOUSE, LLC d/b/a "Unique Shoetique" and ABC Insurance Company.

Court of Appeal of Louisiana, Fifth Circuit.

December 30, 2003.

Attorney(s) appearing for the Case

Craig S. Sossaman, Joseph B. Harvin, Metairie, LA, for Appellant.

Marcus L. Giusti, Hannan, Drake & Giusti, Metairie, LA, for Appellee.

Panel composed of Judges EDWARD A. DUFRESNE, JR., JAMES L. CANNELLA and WALTER J. ROTHSCHILD.

JAMES L. CANNELLA, Judge.

Plaintiff, Gina Chivleatto McCain, D/B/A/ "Shoetique" (McCain), appeals from the summary judgment granted in favor of Defendant, Designer Shoes Warehouse, LLC, D/B/A "Unique Shoetique" (DSW), dismissing McCain's suit for an injunction. For the reasons which follow, we vacate the judgment and remand.

McCain has done business, selling upscale and dyeable shoes, under the name of "Shoetique" since March 12, 1988. McCain registered her...

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