Legal Opinion
Temperato v. LaBrot
Missouri Court of Appeals
Decided June 12, 1962No. 31078PublishedCited by 2 opinions
1Opinion of the Court
W. M. KIMBERLIN, Special Judge.
This is a suit to enjoin the use by the defendants of the trade name “Dairy Queen” in Flat River, Missouri, upon the ground it constitutes unfair business competition.
Plaintiff, Samuel J. Temperato, brought this suit in two counts against the defendants, Vernon E. LaBrot and Alma M. La-Brot. The first count prayed for an injunction to enjoin the use by the defendants of the name “Dairy Queen” in the operation of their store at Flat River, St. Francois County, Missouri. The second count prayed for damages.
Plaintiff alleged in substance that he was the sole and…
2Cases cited15 opinions
- Ross-Whitney Corp. v. Smith Kline & French LaboratoriesCourt of Appeals for the Ninth Circuit · 1953
- Telechron, Inc. v. Telicon Corp.Court of Appeals for the Third Circuit · 1952
- Gardine v. CotteySupreme Court of Missouri · 1950
- E. F. Prichard Co. v. Consumers Brewing Co.Court of Appeals for the Sixth Circuit · 1943
- President Suspender Co. v. MacwilliamCourt of Appeals for the Second Circuit · 1916
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3Cited by2 opinions
- Bass Buster, Inc. v. Gapen Manufacturing Co.District Court, W.D. Missouri · 1976
- McLeod v. CrawfordNebraska Supreme Court · 1964