Lininger v. Desert Lodge

WALSH, Superior Judge.

Appellant, plaintiff below, brought this action to restrain appellee from using in connection with its business the name “Desert Lodge,” and for damages. The cause was tried to the Court, resulting in a judgment denying appellant relief and dismissing the action, from which judgment appellant prosecutes this appeal.

The evidence adduced by the parties upon the trial of the cause may be summarized as follows: .

Since June, 1935, appellant has been operating on the eastern outskirts of Tucson, a resort hotel, carrying on such business under the name, “The Lodge on the…