SUNILAND FURNITURE CO. v. SUNNYLAND WHOLESALE FURNITURE CO. et al., 235 S.W.2d 674

Summary

For approximately 22 years the furniture retailer engaged in the retail furniture business. The retailer filed an action against the wholesaler and its managing officers and directors, seeking to enjoin them from using the name "Sunnyland," or any other name substantially identical to the retailer's name in their business. The action was designed to prevent the wholesaler from infringing the retailer's registered trade-name and trade-mark. A verdict was returned in favor of the wholesaler. The trial court overruled the retailer's motion for a judgment notwithstanding the verdict. The court affirmed the judgment of the trial court. The court held that that the jury did not abuse its discretion in its determination of the facts. The names were not identical. Moreover, under the facts of the case, the similarity of the names did not mislead customers. Finally, the name was not adopted by the wholesaler with the intention of misleading persons that dealt with the retailer or the ...