Civic Reading Club of Texas v. Butler
Civic Reading Club of Texas v. Butler
Opinion of the Court
MEMORANDUM OPINION
This action was brought by “Civic Reading Club of Texas”, the petition alleging
The petition alleged defendant had opened an office in Dallas “in the name of Civic Reading Club of North Texas”, and caused confusion in telephone and postal service to plaintiff’s subscribers, interfering with plaintiff’s operations and causing damages which defendant could not satisfy. Defendant answered that a Delaware corporation, Civic Reading Club, Inc., had entered into a contract in 1964 with a third person, Lyons, (terms of which contract are pleaded), granting to Lyons exclusive use of the name “Civic Reading Club” (coupled with the addition of a geographical location) in selling magazines ; that this contract had been terminated and Lyons had no further right, under the terms of the contract, to use the name; that the Delaware corporation had granted the right to use the name to defendant. The Delaware corporation intervened, the motion to strike its intervention being overruled.
It appears from the stipulation of counsel that the issues of the right to terminate the contract with Lyons and its validity is the subject of litigation in Federal Court. The order appealed from does not purport to decide the merits of the present action against defendant; it merely denies a temporary injunction. In our opinion, from the entire record, the court did not abuse its discretion, which is the sole issue here. Daniel v. Goesl, 161 Tex. 490, 341 S.W.2d 892; Janus Films, Inc. v. City of Fort Worth, 163 Tex. 616, 358 S.W.2d 589; Ford v. Aetna Ins. Co. (Tex.Sup. 1968), 424 S.W.2d 612.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.