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ERNST HARDWARE CO. v. ERNST HOME CENTER

No. 92C 10826-5; CA A84422.

895 P.2d 1363 (1995)

134 Or. App. 560

ERNST HARDWARE COMPANY, an Oregon corporation, Appellant, v. ERNST HOME CENTER, INC., a Washington corporation, Respondent.

Court of Appeals of Oregon.

Decided May 24, 1995.

Attorney(s) appearing for the Case

Daniel P. Chernoff argued the cause, for appellant. With him on the briefs were Chernoff, Vilhauer, McClung & Stenzel, and Robert L. Engle and Engle & Schmidtman.

Jerry Kindinger, Seattle, WA, argued the cause, for respondent. With him on the brief were John P. Mele and Ryan, Swanson & Cleveland, Seattle, WA, and Steven M. Lippold, Edward L. Clark, Jr., and Clark, Lindauer, McClinton, Fetherston, Edmonds & Lippold.

Before RIGGS, P.J., and LANDAU and LEESON, JJ.

LEESON, Judge.

Plaintiff, Ernst Hardware Company, brought this action in equity to enjoin defendant, Ernst Home Center, Inc., from using the name Ernst in connection with the operation of its business in Oregon. After trial, the court dismissed plaintiff's complaint, denying relief under alternative claims of common law trade name infringement and trade name dilution under ORS 647.107. We review de novo, ORS 19.125(3), and affirm.

Plaintiff's business...

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