Fidelity Bond & Mortgage Co. v. Fidelity B. & M. Co. of Texas

• Decision Date: 15 January 1930
• Docket Number: No. 5722.,5722.
• Citation: 37 F.2d 99
• Parties: FIDELITY BOND & MORTGAGE CO. v. FIDELITY BOND & MORTGAGE CO. OF TEXAS.
• Court: U.S. Court of Appeals — Fifth Circuit

37 F.2d 99 (1930)

FIDELITY BOND & MORTGAGE CO. v.FIDELITY BOND & MORTGAGE CO. OF TEXAS.

No. 5722.

Circuit Court of Appeals, Fifth Circuit.

January 15, 1930.

James Love Hopkins, of St. Louis, Mo., and Robert Allan Ritchie, of Dallas, Tex. (Lewis M. Dabney, Jr., of Dallas, Tex., on the brief), for appellant.

D. A. Simmons, of Houston, Tex. (Thos. H. Ball, of Houston, Tex., on the brief), for appellee.

Before WALKER and FOSTER, Circuit Judges, and DAWKINS, District Judge.

FOSTER, Circuit Judge.

Appellant, a Missouri corporation, filed a bill to enjoin appellee, a Texas corporation, from using the name under which it was incorporated, on the ground of unfair competition, because of the similarity of the names and of the business in which both corporations are engaged.The District Court, in an opinion appearing in the record, reviewed the facts and the law applicable thereto, and found against appellant's contentions.There is no need to again state the facts, except briefly, as follows:

It is shown that both companies are engaged in the sale of mortgage bonds issued by other parties, the same as any bank or brokerage house; that appellant has made a few sales of mortgage bonds in Texas by mail; that it advertises in newspapers and magazines having some circulation in Texas; and that its reputation is good.However, appellant has failed to show that it has been at all injured by any...