George H. Dentler & Sons v. Fuller's Food Products

GRAVES, Justice.

This appeal is from a judgment of the 61st District Court of Harris County sus- tabling appellee’s special exception to the legal sufficiency of the appellant partnership’s petition, wherein it sought a permanent injunction against the use by the ap-pellee of a label, design, or trademark, employed by him in selling bags of fried potato chips, claimed to infringe upon appellant’s package then in use for the same purpose, and dismissing appellant’s suit for such writ, inclusive of its claim for resultant damages from the declared upon infringement.

In so sustaining the special…