Cornucopia, Inc. v. Wagman

REINHARD, Judge.

Plaintiff appeals from a judgment after a court trial denying the injunctive relief sought in its trademark infringement and unfair competition suit. We affirm.

Plaintiffs petition is in four counts, purporting to set forth in Count I a claim of unfair competition; in Count II a claim of common law trademark infringement; in Count III a claim of common law service mark infringement; and in Count IV a claim under § 417.051, RSMo 1978. For each count plaintiff alleges improper use by the defendants of the word “cornucopia.” Plaintiff originally sought actual and punitive damages…