Intellectual Property – Trademark Infringement & Unfair Trade Practices — Surname – Business Sale – Subsequent Use – Same Locality – Civil Practice – Preliminary Injunction

Intellectual Property – Trademark Infringement & Unfair Trade Practices — Surname – Business Sale – Subsequent Use – Same Locality – Civil Practice – Preliminary Injunction (access required)

SCI North Carolina Funeral Services, LLC v. McEwen Ellington Funeral Services, LLC While a surname may not be trademarked, a subsequent user may not use the same name in the same locality as an original user with the intent to injure the original user or to fraudulently avail itself of the original user’s good name and reputation.

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