Rich v. Con-Stan Industries, Inc.

DUNAGAN, Chief Justice.

This is a summary judgment case. Con-Stan Industries, Inc. sued Alberta Penny Rich in the 137th District Court of Lubbock County, Texas, to (1) establish that a California judgment against Alberta Penny Rich was entitled to full faith and credit, and (2) enjoin Alberta Penny Rich and her two distributors, Merle Hopkins and Ruby Stagner from the unauthorized use of two registered trademarks belonging to Con-Stan Industries, to-wit, “Sculptress” and “Banderín”.

Appellee’s petition alleged various acts that it contended constituted unfair competition and infringement of…