Phipps Bros. Inc. v. Nelson's Oil & Gas, Inc.

WUEST, Justice.

Plaintiff appeals from a circuit court’s determination that there was no trademark infringement by Nelson’s Kountry Korner against Country Corner Family Restaurant. We reverse.

*886FACTS

Arnold and Patricia Phipps (hereinafter Phipps) began operating the Country Corner Family Restaurant in Hot Springs, South Dakota in 1984. Prior to using the Country Corner name, Phipps obtained the permission of a Texas businessperson who ran several restaurants by the same name. The Country Corner Family Restaurant is well-known in the Hot Springs and southern Black Hills areas and has established…