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ROSARIO D. SALERNO'S SONS, INC. v. BUTTA

No. 1-93-3155.

635 N.E.2d 1339 (1994)

263 Ill. App.3d 42

200 Ill.Dec. 756

ROSARIO D. SALERNO'S SONS, INC., d/b/a Salerno Funeral Home, Plaintiff-Appellee, v. Rosemary Salerno BUTTA, a/k/a Rosemary Salerno, Defendant-Appellant.

Appellate Court of Illinois, First District, First Division.

Rehearing Denied June 21, 1994.

As Modified June 27, 1994.

Attorney(s) appearing for the Case

Jenner & Block (Thomas P. Sullivan, Bradford P. Lyerla, Daniel J. Winters, of counsel), Edward W. Williams, of Chicago, for appellant.

Keck, Mahin & Cate, Chicago (Malcolm McCaleb, Jr., Robert M. Kluchin, Wayne L. Tang, of counsel), for appellee.

MODIFIED ON DENIAL OF REHEARING

Justice BUCKLEY delivered the opinion of the court:

Plaintiff, Salerno's Sons, filed a complaint for preliminary injunction against defendant, Rosemary Salerno, to prevent her from advertising her funeral business under the name "Rosemary Salerno." The trial judge granted Salerno's Sons requested relief, but permitted defendant to advertise her business under the name "Butta-Salerno" in conjunction with a disclaimer of any...

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