Western Auto Supply Company v. Banner

MATTHES, Judge.

Defendant’s motion to dismiss plaintiff’s petition on the ground that the issues raised by the pleadings had become moot was sustained, and judgment 'was rendered against plaintiff. From this action plaintiff has appealed to this court.

In substance the petition alleged that plaintiff, a corporation, has .conducted its business' under the corporate name of Western Auto Supply Company, and under the-trade names of Western Auto Stores and Western Auto Associated Stores. Plaintiffs corporate and trade names have acquired a secondary meaning in Missouri, including Cape Girardeau…