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DM COMPANY, INC. v. NYCOIL COMPANY

21024

273 S.C. 496 (1979)

257 S.E.2d 499

The DM COMPANY, INC., Respondent, v. The NYCOIL COMPANY, d/b/a the DM Company, Appellant.

Supreme Court of South Carolina.

August 7, 1979.

Attorney(s) appearing for the Case

R.W. Dibble, Jr. and Elizabeth Van Doren Thompson, of McNair, Konduros, Corley, Singletary & Dibble, Columbia, for appellant.

John A. Hagins, Jr., of Horton, Drawdy, Marchbanks, Chapman & Brown, Greenville, for respondent.

August 7, 1979.

GREGORY, Justice:

Respondent, the DM Company, Inc., brought this action against appellant The Nycoil Company, d/b/a The DM Company to permanently enjoin appellant from using the name "The DM Company." Respondent also sought actual damages proximately caused by appellant's allegedly improper use of the name. This appeal is from an order of the lower court refusing to vacate the judgment by default and

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