LOUISIANA GRANITE v. LA GRANITE COUNTERTOPS

No. 45,482-CA.

47 So.3d 573 (2010)

LOUISIANA GRANITE YARD, INC., Plaintiff-Appellee v. LA GRANITE COUNTERTOPS, L.L.C., Defendant-Appellant.

Court of Appeal of Louisiana, Second Circuit.

Rehearing Denied September 16, 2010.


Attorney(s) appearing for the Case

The Smitherman Law Firm, L.C., Shreveport, LA, by Donald Lee Brice, Jr. , for Appellant.

Tyler & Johnson, L.L.C., Shreveport, LA, by Tommy J. Johnson , for Appellee.

Before GASKINS, CARAWAY and PEATROSS, JJ.


CARAWAY, J.

The plaintiff retailer/installer of granite filed suit for trade name infringement against a competing business incorporated by a former employee. Plaintiff seeks to enjoin defendant's use of plaintiff's trade names. Following a preliminary injunction hearing, the trial court enjoined defendant from using, displaying or advertising the trade names of plaintiff. This appeal by defendant ensued.

Facts

In December of 2004, David Randall...

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