Tri-County Funeral Service, Inc. v. Eddie Howard Funeral Home, Inc.

David Newbern, Justice.

This is a trade-name infringement case. The appellant, Tri-County Funeral Service, Inc. (“Tri-County”), which does business as Howard Funeral Home in Melbourne, sought an injunction pursuant to Ark. Code Ann. § 4-71-113 (Repl. 1996) to prohibit the appellee, Eddie Howard Funeral Home, Inc., also located in Melbourne, from using the name “Howard” in connection with its funeral business. The Chancellor declined to issue the injunction. Our determination in this de novo review is that Tri-County was entitled to the relief sought; thus we reverse the Chancellor’s decision.

In…