Foam Rubber Products, Inc. v. Jimenez

OPINION

MASSEY, Chief Justice.

The appeal is from the trial court’s refusal of a temporary injunction sought by plaintiff/appellant, Foam Rubber Products, Inc., against the two defendants, who were former employees. They were the defendants/appellees, Andrew Benny Jimenez and his brother, who began a business in competition, under the name of “Foam Rubber Company”.

Affirmed.

We are not in doubt that the names under which parties in suit conducted business should be deemed descriptive of the kind of business carried on, or product offered for use or sale, and as such available to either party to…