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HARP v. APPLIANCE MART, INC.

No. 66,652

16 Kan. App. 2d 696 (1992)

827 P.2d 1209

LAWRENCE M. HARP, d/b/a Furniture Mart, Appellee, v. THE APPLIANCE MART, INCORPORATED, Appellant.

Court of Appeals of Kansas.

Opinion filed March 13, 1992.

Attorney(s) appearing for the Case

Jerry L. Soldner, of Garden City, for the appellant.

Tammie E. Kurth, of Neubauer, Sharp, McQueen, Dreiling & Morain, P.A., of Liberal, for the appellee.

Before ELLIOTT, P.J., DAVIS, J., and HERBERT W. WALTON, District Judge, assigned.

DAVIS, J.:

Defendant The Appliance Mart, Incorporated, (Appliance Mart) appeals from an order enjoining its use of the business name "The Appliance and Furniture Mart." Plaintiff Lawrence M. Harp, d/b/a "The Furniture Mart," cross-appeals, contending that even though the court properly enjoined the use of the name, it nevertheless erred in denying Harp's request for relief under the common-law theory of unfair competition. We affirm and remand with directions.

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