JC Penney Company v. Walker

McDONALD, Chief Justice.

This is an appeal from an interlocutory order of the trial court granting plaintiff application for a temporary injunction restraining defendant, pending final hearing, from using the name “Auto Center” in connection with its business in Nueces County.

Plaintiff Dennis Walker, d/b/a Auto Center, filed this case on March 5, 1965 against defendant J. C. Penney Co., d/b/a Penney’s Auto Center, alleging that plaintiff is engaged at two locations in Corpus Christi, Nueces County, Texas, in the general automotive supply and repair business under the trade name of “Auto…