Kaibab Shop v. Desert Son, Inc.

OPINION

BIRDSALL, Judge.

This appeal is from the judgment of the trial court, sitting with an advisory jury, enjoining the defendants-appellants from making and selling certain “Indian” boots (moccasins) and awarding damages to the plaintiff-appellee for “loss of profits.”

The appellee, The Kaibab Shop, makes and sells, at both wholesale and retail, southwest-oriented items including Indian style boots. It had engaged in this business for many years prior to 1975 when the appellant Desert Son, Inc. first began making and selling similar “Indian” boots. The appellant produced and sold two styles…