Legal Opinion

Condom Sense v. Jamal Alshahabi

Texas Court of Appeals, 5th District (Dallas)

Decided December 21, 2012No. 05-10-01024-CVPublishedCited by 11 opinions

1Opinion of the Court

OPINION

Opinion By

Justice MURPHY.

This multi-party dispute involves one federal and four Texas service mark registrations using the words “Condom Sense.” Appellant Condom Sense, Inc. (CSI) is the named holder of those registrations. CSI and the additional appellants, who are individual management companies owning and operating Condom Sense retail stores in the Dallas area, sued appellees seeking damages and an injunction to prevent use of the marks. The trial court granted judgment for appellees, ordering the cancellation of the marks. This appeal followed. We reverse the judgment regarding…

2Cases cited69 opinions

  1. City of Keller v. WilsonTexas Supreme Court · 2005
  2. Walker v. PackerTexas Supreme Court · 1992
  3. Downer v. Aquamarine Operators, Inc.Texas Supreme Court · 1985
  4. BMC Software Belgium, NV v. MarchandTexas Supreme Court · 2002
  5. Holmberg v. ArmbrechtSupreme Court of the United States · 1946

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3Cited by11 opinions

  1. Thorne v. Union Pac. Corp.District Court, W.D. Texas · 2017
  2. City of Justin v. Town of Northlake, Texas Court of Appeals, 6th District (Texarkana)2018
  3. DPRS 15th Street, Inc Cliff Woerner, Individually and D/B/A Woerner Interests And Gail Woerner v. Texas Skyline, Ltd. Skyline Interests, LLC And Pecos & 15th, Ltd., by and Through Skyline Interests, LLC, Texas Court of Appeals, 3rd District (Austin)2014
  4. Espino Tire & Wheel, Inc. v. Espino’s Tires San Antonio, LLCDistrict Court, W.D. Texas · 2026
  5. King Aerospace, Inc. and King Aerospace Commercial Corporation, Inc. v. Randy King D/B/A King Aviation Dallas, Texas Court of Appeals, 5th District (Dallas)2020

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