CONDOM SENSE, INC. v. ALSHALABI

No. 05-10-01024-CV.

390 S.W.3d 734 (2012)

CONDOM SENSE, INC., MRSK, Inc., MRK, Inc., MKSK, LLC, Marstek, LLC, SKCMK, LLC, and MSCK 121, LLC, Appellants v. Jamal ALSHALABI a/k/a Mike Edwards, Greg Smith, Monserrat Smith, J & J No-Limit, Inc., Condoms Etc., LLC, Condom Sensation Dallas LLC, Condom Express, LLC, and Comoros, LLC, Appellees.

Court of Appeals of Texas, Dallas.

December 21, 2012.


Attorney(s) appearing for the Case

Jay Edward Ray , McKinney, TX, Monica Lynne Luebker , Dallas, TX, for appellants.

Jennifer R. Poe , James N. Henry , Dallas, TX, for appellees.

Before Justices LANG, MURPHY, and MYERS.


OPINION

Opinion By Justice MURPHY.

This multi-party dispute involves one federal and four Texas service mark registrations using the words "Condom Sense." Appellant Condom Sense, Inc. (CSI) is the named holder of those registrations. CSI and the additional appellants, who are individual management companies owning and operating Condom Sense retail stores in the Dallas area, sued appellees seeking damages and an injunction to prevent use of the marks. The...

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