Justia Nebraska Supreme Court Opinion Summaries

Articles Posted in Intellectual Property

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Prime Home Care, LLC sought a permanent injunction pursuant to Neb. Rev. Stat. 87-217, part of the statutes governing the protection of trade names, and Neb. Rev. Stat. 87-303, part of the Uniform Deceptive Trade Practices Act, to prevent Pathways to Compassion, LLC from using the name "Compassionate Care Hospice." The district court granted Prime Home Care a permanent injunction and attorney fees. Pathways appealed, arguing that "Compassionate Care Hospice" was merely descriptive and had not acquired secondary meaning. The Supreme Court affirmed, holding (1) the name had acquired secondary meaning as it concerned Prime Home Care's hospice services; (2) the district court did not err when it granted Prime Home Care's request for a permanent injunction where confusion existed as a result of Pathways' use of Prime Home Care's protected trade name; and (3) the trial court did not err in granting Prime Home Care's request for attorney fees under either section 87-217 or section 87-303, and Prime Home Care was not entitled to additional attorney fees. View "Prime Home Care, LLC v. Pathways to Compassion, LLC" on Justia Law