# Sears, Roebuck & Company and Allstate Insurance Company v. All States Life Insurance Company

> Court of Appeals for the Fifth Circuit · July 17, 1957 · 246 F.2d 161

URL: https://www.frixlaw.com/law-library/cases/9445697

## Case

- **Full name:** SEARS, ROEBUCK & COMPANY and Allstate Insurance Company, Appellants, v. ALL STATES LIFE INSURANCE COMPANY, Appellee
- **Court:** Court of Appeals for the Fifth Circuit
- **Decided:** July 17, 1957
- **Citations:** 246 F.2d 161
- **Precedential status:** Published
- **Opinion:** Dissent by Jones
- **Judges:** Hutcheson, Tuttle, Jones
- **Cited by:** 36 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9445697

## Opinion text

JONES, Circuit Judge
(dissenting).
It seems to me that the findings of the district court come near to negativing its conclusion that there is no confusion or reason for confusion between what the defendant is engaged in and what the plaintiffs are engaged in. To stress the slight difference in the names of the two insurance companies is to beg the question. To consider the similarity of names of other insurance companies is to invoke immaterial comparisons. I agree that whether an accused party is appropriating or attempting to appro *173 priate the good will and the good name of another is a question of fact. The excluded evidence of the results of the survey should, I think, have been admitted as bearing upon that issue. The reasons given by the majority for rejecting the evidence should, in my opinion, go to its weight and not to its admissibility. I respectfully dissent.
Rehearing denied;
JONES, Circuit Judge, dissenting.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9445697. Public record. Not legal advice.