Rogers v. Broughton

HUGHES, Justice.

This is an unfair competition suit in which appellants S. J. and N. J. Rogers, doing a general retail optometry and optical business in Waco, Texas, under the trade name “Texas State Optical Company” sued appellee, Jerome W. Broughton, who is engaged in the same business in Waco under the trade name “Texas Optical Company” to enjoin the use of such name in connection with such business on the ground that it infringes upon appellants’ prior appropriation of the name “Texas State Optical Company.”

Appellants alleged that the word “Texas” as used in their trade name had acquired a…