Pearland day care facility must change name, judge rules

John Suayan, Galveston Bureau Sep. 26, 2011, 5:21am

GALVESTON - Galveston County 10th District Court Judge David Garner approved a permanent injunction in a lawsuit over the usage of a Pearland day care facility's name.

The Sept. 15 order requires defendants Daylove L.L.C. and R.E.R. Enterprises Inc. to insure that one of its facilities is relicensed in another name and not use the "School Zone" brand at any location other than League City.

The School Zone Inc. file suit against the defendants Sept. 8, claiming they infringed its name and damaged its business reputation.

The plaintiff has been in business since 1995, according to recent court documents.

The suit alleges the defendants improperly appropriated its name at unauthorized locations and used its registered logo without permission.

"The defendants have deliberately and improperly availed themselves of the plaintiff's good reputation in the child care business and they have caused confusion as to the nature and source of their child care services causing irreparable damage to the plaintiff," the suit says.

Under the injunction, the defendants must also modify signage associated with the League City branch and its vans, equipment, website and advertisements within a 14-day window, with the exception of the overhead road signage.

Mills Shirley LLP is representing the plaintiff.

Case No. 11-cv-1429

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