Smart Shop v. Colbert's

SUTTON, Justice.

This appeal is from the 117th District Court of Nueces County. The suit is one to restrain an infringement of a trade name and unfair competition.

Smart Shop, a Texas corporation, with its domicile and places of business in Houston, and doing business under the trade name “The Smart Shop”, sued Colbert’s, likewise incorporated under the laws of Texas, and doing business in Corpus Christi under the trade name “The Smart Shop”, to restrain the use of the name “The Smart Shop” and the use of the signature cut, almost if not quite identical with the signature cut used by the…