David Bernhardt Paint Co. v. Rud D. Bernhardt Co.

This is a proceeding by mandamus to compel the judge of the civil district court to grant a suspensive appeal from an order dissolving a preliminary injunction on bond. The suit was brought against the Rud D. Bernhardt Company, Inc., and against^ the incorporators, who appear to be members of the Bernhardt family. Plaintiff claims to have acquired a monopoly of the trade-name, David Bernhardt Paint Company, Limited, and avers that it is an imposition on the part of defendants to use such a similar name as “Rud D. Bernhardt •Co., Inc.” The preliminary injunction prevented the defendants’ using…