{
  "id": 1421886,
  "name": "Liberty Cash Groceries, Inc., v. Adkins",
  "name_abbreviation": "Liberty Cash Groceries, Inc. v. Adkins",
  "decision_date": "1935-05-13",
  "docket_number": "4-3861",
  "first_page": "911",
  "last_page": "913",
  "citations": [
    {
      "type": "official",
      "cite": "190 Ark. 911"
    }
  ],
  "court": {
    "name_abbreviation": "Ark.",
    "id": 8808,
    "name": "Arkansas Supreme Court"
  },
  "jurisdiction": {
    "id": 34,
    "name_long": "Arkansas",
    "name": "Ark."
  },
  "cites_to": [
    {
      "cite": "14 S. W. (2d) 1109",
      "category": "reporters:state_regional",
      "reporter": "S.W.2d",
      "opinion_index": 0
    },
    {
      "cite": "179 Ark. 222",
      "category": "reporters:state",
      "reporter": "Ark.",
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        8720258
      ],
      "opinion_index": 0,
      "case_paths": [
        "/ark/179/0222-01"
      ]
    }
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  "last_updated": "2023-07-14T23:00:44.353149+00:00",
  "provenance": {
    "date_added": "2019-08-29",
    "source": "Harvard",
    "batch": "2018"
  },
  "casebody": {
    "judges": [],
    "parties": [
      "Liberty Cash Groceries, Inc., v. Adkins."
    ],
    "opinions": [
      {
        "text": "Johnson, 0. J.\nAppellees are independent retail grocery merchants, domiciled in the vicinity of Little Rock and North Little Rock, Arkansas, and as such respectively operate in an association of retail merchants under the trade name of \u201cLiberty Home Stores.\u201d This trade name was adopted by appellees as an association of retail grocery merchants about the year 1929. In the summer of 1934 appellant promulgated advertising to the effect that he would open a grocery store-on West Capitol Avenue in the city of Little Rock to be known under'the appellation of \u201cLiberty Cash Groceries, Inc.,\u201d and thereupon this suit was instituted by appellees in the chancery court of Pulaski County against appellant to enjoin and restrain the use by appellant of the trade name of \u201cLiberty Gash Groceries, Inc.,\u201d because, as it was alleg\u2019ed,- the use of such -trade name by appellant would deceive, confuse and fraudulently mislead the public to believe that they were purchasing and trading with appellees, thereby resulting in unfair competition and irreparable injury to appellees and their respective businesses. .Upon .trial the chancellor permanently enjoined and restrained appellant from using the word \u201cLiberty\u201d as a part of his trade name, and this appeal follows.\nAppellant\u2019s contention for reversal is that the use by appellant of the word \u201cLiberty\u201d as a part of his trade name is not descriptively similar to appellees \u2019 trade name, and that the word \u201cLiberty\u201d is a common word of general use, and appellees have no legal right to its exclusive use. Our case of Fine v. Lockwood, 179 Ark. 222, 14 S. W. (2d) 1109, is cited by appellant as decisive of the contention urged. We can not agree that the case cited controls the case under consideration. There appellant had not operated a store under his trade name prior to the institution of the suit in that trade territory, and the trade name there sought to be protected had no distinctive secondary meaning in that trade territory. Here the testimony reflects, and the chancellor so found, that appellees had operated their respective grocery stores in the vicinity of Little Rock and North Little Rock for some five or six years under the trade name of \u201cLiberty Home Stores,\u201d and that the trade name of \u201cLiberty Home Stores \u2019 \u2019 had thereby acquired a distinctive secondary meaning in the trade territory in the vicinity of Little Rock and North Little Rock. The general rule on the question under consideration is aptly stated in 26 R. C. L., page 876, as follows:\n\u201cAn infringement on a trade name is such a colorable, imitation of the name that the general public, in the \u25a0exercise of reasonable care, might think that it is the name of the one first appropriating it. Where such a similarity occurs, it tends to divert trade from a business rival who has previously adopted its name and operates as a fraud which may be restrained by injunction, although the prior user may not have an exclusive right to the use of the name.\u201d\nWithout quoting the testimony adduced upon trial in detail, it may be said it was amply sufficient to warrant the chancellor in finding that appellees by advertising their respective businesses for the past several years in the trade territory of Little Rock and North Little Rock as \u201cLiberty Home Stores\u201d had given to it a distinctive secondary meaning in that territory, and one which should of right be protected to them by injunctive relief This doctrine was fully recognized by us in Fine v. Lockwood, supra, wherein we said: \u201cWe do not think appellant acquired any secondary meaning to his business under the name of \u2018Palais Royal,\u2019 but he may have done so under the name of \u2018Jack Pine\u2019s Palais Royal,\u2019 and in this the decree of the court protects him.\u201d\nIt follows from what we have said that the trial court\u2019s decree is correct, and must be affirmed.",
        "type": "majority",
        "author": "Johnson, 0. J."
      }
    ],
    "attorneys": [
      "Griffith <& Geister, for appellant.",
      "Verne McMillen, for appellee."
    ],
    "corrections": "",
    "head_matter": "Liberty Cash Groceries, Inc., v. Adkins.\n4-3861\nOpinion delivered May 13, 1935.\nGriffith <& Geister, for appellant.\nVerne McMillen, for appellee."
  },
  "file_name": "0911-01",
  "first_page_order": 929,
  "last_page_order": 931
}