Legal Opinion

Walters v. Building Maintenance Service, Inc.

Court of Appeals of Texas

Decided April 27, 1956No. 15070PublishedCited by 9 opinions

1Opinion of the Court

CRAMER, Justice.

Appellee Maintenance Service filed this suit against appellant Walters and others-asserting a wrongful appropriation by Walters of the trade name or slogan, “Your House Doctor,” which appellee asserted it had been using in the metropolitan area of Dallas for many years prior to appellant’s use of his trade name or slogan, “The House Doctor.”

On trial before the court without a jury, the judge filed findings of fact in substance-as follows: (1) Maintenance Service has been engaged in the business of home and residential repair and reconstruction service in Dallas County since…

2Cases cited5 opinions

  1. Plaza Co. v. WhiteCourt of Appeals of Texas · 1942
  2. Burge v. Dallas Retail Merchants Ass'nCourt of Appeals of Texas · 1953
  3. Charles Alff & Co. v. RadamTexas Supreme Court · 1890
  4. Barfield v. StateCourt of Criminal Appeals of Oklahoma · 1941
  5. Marshall Mfg. Co. v. VerhalenCourt of Appeals of Texas · 1942

3Cited by9 opinions

  1. Harrelson v. WrightCourt of Appeals of Texas · 1960
  2. Jud Plumbing Shop on Wheels, Inc. v. Jud Plumbing & Heating Co., Texas Court of Appeals, 4th District (San Antonio)1985
  3. General Adjustment Bureau, Inc. v. FuessDistrict Court, S.D. Texas · 1961
  4. Commission for Lawyer Discipline v. C.R.Court of Appeals of Texas · 2001
  5. JC Penney Company v. WalkerCourt of Appeals of Texas · 1965

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