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AMERICAN FURNITURE v. AM. FURNITURE WAREHOUSE

No. 85-267.

709 P.2d 1013 (1985)

AMERICAN FURNITURE, INC., a Mont. corp., and Borchers, Inc., a Mont, corp., Plaintiffs and Respondents, v. AMERICAN FURNITURE WAREHOUSE CO., a Colorado Corp., d/b/a American Furniture Warehouse, Jake Jabs & Dorothy Heitzman, Defendants and Appellants.

Supreme Court of Montana.

Decided December 5, 1985.

Attorney(s) appearing for the Case

Pedersen & Conrad, Carol Hardy Conrad, Billings, for defendants and appellants.

Smith, Baillie & Walsh, James R. Walsh, Great Falls, for plaintiffs and respondents.

HUNT, Justice.

The respondents, American Furniture, Inc., and Borchers, Inc., brought an action in District Court against the appellants, American Furniture Warehouse Co. and Jake Jabs to permanently enjoin the appellants' use of the name "American Furniture Warehouse" and any variation of the name "American Furniture" in Montana. The District Court issued a temporary restraining order and later a preliminary injunction enjoining the appellants' use of the name "American...

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