ON DENIAL OF PETITIONS FOR REHEARING
TAYLOR, Justice.Both appellants Harvey and respondents Rivers have petitioned for a rehearing.
Harveys again assert error in failure to award damages. A party may obtain an injunction to prevent unfair competition or wrongful use of a trade name, without waiting for the accrual of actual damages, or the cumulation of evidence thereof. Cazier v. Economy Cash Stores, 71 Idaho 178, 228 P.2d 436 (1951). But, if in addition to injunctive relief, he seeks actual damages, he must be able to establish such damages by competent evidence as in other cases.
To adopt the construction of I.C. §§ 30-107(3) and 30-608 urged by Rivers, would nullify the provisions of § 30-608, which gives the right to reinstate, and defines the effect thereof. The legislative grant of the right to reinstate implies a further grant of an opportunity, and a reasonable time, to do so. Having in mind the fact that the legislature has granted unincorporated persons or associations the right to reserve a name for a period of twelve months, on the payment of a fee of $1.00; and having in mind also the fact that a corporation, which has suffered a forfeiture of its charter, may have a greater stake in the preservation of its name, than any interloper ordinarily could have; we hold that the period here involved (less than six months) was not an unreasonable time to be allowed the original corporation to apply for reinstatement of its charter, in the absence of its written consent to the reservation or adoption of its name by another.
Petitions denied.
McFADDEN, SMITH and KNUDSON, JJ., concur. McQUADE, C. J. dissents.