Nebraska Irrigation, Inc. v. Koch

Howard Koch appeals an order of the district court for Chase County enjoining his use of the trade name “Nebraska Irrigation Sales & Equipment” to identify his business.

Plaintiff-appellee, Nebraska Irrigation, Inc., claimed in its petition for injunction that Koch’s trade name is “deceptively and confusingly” similar to plaintiff-appellee’s trade name “Nebraska Irrigation.”

We vacate the judgment of the district court and remand the cause to that court with direction to dismiss plaintiff-appellee’s petition.

FACTS

Plaintiff-appellee was incorporated on April 27, 1979. However, the owners had…