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White v. Board of Regents of the University of Nebraska

University athletic department acquired common-law right in trade name for athletic wear by test-marketing apparel to football fans and alumni; thus, plaintiff's registration of trade name was invalid and subject to cancellation.

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1. Statutes: Appeal and Error. When an appeal calls for statutory interpretation or presents questions of law, an appellate court must reach an independent,correct conclusion irrespective of the determination made by the court below.

2. Injunction: Equity: Appeal and Error. An action for injunction sounds in equity. On appeal from an equity action, the appellate court tries factualquestions de novo on the record and, as to questions of both fact and law, is obligated to reach a conclusion independent of the conclusion reached by the trialcourt.

 
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