Funes, et al. v. Villatoro

Ursula Marisol Funes and Mauricio Funes appeal the trial court's judgment in favor of Ernesto Antonio Villatoro. The Funeses contend that the evidence is legally and factually insufficient to support the jury's finding that the trade name "Buenos Dias El Salvador" is a protectable trade name of Villatoro's radio show. In the jury charge, the parties stipulated that "Festival Guanaco" and "Buenos Dias El Salvador" are trade names. The Funeses and Villatoro are bound by the unobjected-to statement contained in the jury charge. The evidence does not support a finding that a substantial number of present or prospective radio show listeners understand the designation "Buenos Dias, El Salvador," when used in connection with the radio show, not in its primary lexicographical sense, but as having secondary meaning. Therefore, there is not legally sufficient evidence that the designation acquired a secondary meaning or special significance to support the jury's finding that the name of the radio show is Villatoro's trade name. The record does not support a finding that a substantial number of present or prospective Festival Guanaco attendees understand the designation "Festival Guanaco" as referring to Villatoro. There is not legally sufficient evidence that the designation acquired a secondary meaning or special significance to support the jury's finding that the name "Festival Guanaco" is Villatoro's trade name. There is no evidence establishing the Funeses tortiously interfered with Villatoro's existing contracts. The issue of whether to award attorney's fees under the UDJA to Villatoro and the reasonable and necessary amount of any such attorney's fees, if awarded, is remanded to the trial court for further proceedings. The trial court's judgment is reversed in part, remanded in part, rendered in part, with the remainder affirmed. Houston's 14th Court of Appeals, No. 14-09-01023-CV, 09-22-2011.

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