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TWO WAY RADIO SERV. v. TWO WAY RADIO, ETC.

No. 29PA88.

370 S.E.2d 408 (1988)

322 N.C. 809

TWO WAY RADIO SERVICE, INC., a North Carolina corporation v. TWO WAY RADIO OF CAROLINA, INC., a North Carolina corporation.

Supreme Court of North Carolina.

July 28, 1988.

Attorney(s) appearing for the Case

Michael W. Taylor, Albemarle, for plaintiff-appellee.

Weinstein and Sturges, P.A. by Michel C. Daisley and Hugh B. Campbell, Jr., Charlotte, for defendant-appellant.

WHICHARD, Justice.

The issue is whether the statutory prohibition against "deceptively similar" corporate names, N.C.G.S. § 55-12(c) (1982), extinguishes the common law rule proscribing exclusive appropriation of the right to use a "descriptive phrase" in a trade name. We hold that the common law rule survives.

Both plaintiff and defendant engage in the business of operating, selling, leasing, and maintaining radio-telephonic communication equipment....

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