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PHOTO & SOUND CO. v. CORVALLIS

TC 112451; CA 15727; SC 27345.

628 P.2d 733 (1981)

291 Or. 105

PHOTO & SOUND COMPANY, a California Corporation Authorized to Transact Business in Oregon under the Name Nwi Audio Visual Systems, Inc., Respondent, v. Peter G. CORVALLIS, Petitioner, and Frank J. Healy, Corporation Commissioner for the State of Oregon, Defendant.

Supreme Court of Oregon.

Decided May 27, 1981.

Attorney(s) appearing for the Case

Leslie Roberts, of Kell, Alterman & Runstein, Portland, argued the cause and filed a brief for petitioner.

Patric J. Doherty, of Rankin, McMurry, Osburn, VavRosky & Doherty, Portland, argued the cause and filed briefs for respondent.

Before DENECKE, C.J., and LENT, LINDE, PETERSON, TANZER and CAMPBELL, JJ.

TANZER, Justice.

The issue is whether there is a private right to injunctive relief to protect exclusive use of a registered assumed business name. Plaintiff Photo and Sound Company filed a complaint pursuant to ORS 648.050(6) to cancel defendant Peter Corvallis' registration of the assumed business name "Photo and Sound" in Washington, Multnomah and Clackamas Counties, alleging that defendant was not making actual use of the name. Defendant Corvallis answered and...

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