Dahms v. Jacobs

The plaintiff appeals from an order of the District Court refusing to enjoin the defendants from using the name “The Denim Depot” in connection with their clothing store in Crete, Nebraska. He alleges that the District Court erred in failing to find that this was an infringement upon the trade name “The Depot” which he had appropriated by registration and prior use in connection with his clothing store in York, Nebraska.

This is an equity case. While the judgments of the District Courts in equity cases are tried de novo in this court, nevertheless, upon review in this court, we place due…