A. W. Cox Department Store Co. v. Cox's Inc.

Flowers, Justice:

This is a dispute between two retail businesses over the right to use the trade name “Cox’s” in the same market area. A. W. Cox Department Store Co., which operates a retail store in downtown Parkersburg, instituted a civil action against Cox’s Incorporated which was opening a store in the new shopping mall at Vienna, also in Wood County. The litigation is based upon the allegedly unlawful infringement by the defendant upon the plaintiff’s trade name. The plaintiff and defendant are engaged in the retail sale of soft goods to the general public. Both corporations are…